Brown v. Scofield

214 P. 10, 124 Wash. 273, 1923 Wash. LEXIS 875
CourtWashington Supreme Court
DecidedApril 5, 1923
DocketNo. 17765
StatusPublished
Cited by53 cases

This text of 214 P. 10 (Brown v. Scofield) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Scofield, 214 P. 10, 124 Wash. 273, 1923 Wash. LEXIS 875 (Wash. 1923).

Opinion

Mackintosh, J.

— The decedent, Fred E. Brown, was married to the appellant, Chloe D. Brown, on November 15,. 1902, he at that time being about fifty-three years of age, and they remained husband and wife until his death on November 27, 1918. A will was left, by the terms of which Brown made several specific bequests, and the balance of his property was left to residuary legatees. The matter presented by this appeal arises on a petition of one of the legatees, who requested the determination of the status of the property of the estate. The widow appeared and claimed the entire estate is community property, and requested that one-half thereof be distributed to her. The executors named in the will take the position that all of the property of the estate is separate property and should be so distributed. The superior court determined the controversy in conformity with the position of the executors. The widow has appealed.

At the time of Brown’s marriage, or shortly prior thereto, he was the owner of real and personal property which was of the value of $69,256.67, and from this property, either immediately before or a very short time after his; marriage, cash was received in the amount of $77,881.67. After marriage he entered into a number of business transactions which on account of their profitable nature materially increased his assets.’ He acquired all of the stock of a corporation then known as the New Olympia Hotel Company, the name of which was afterwards changed to that of Semper-Klale Investment Company, and through this company he bought and sold property, borrowed money, and. generally conducted his business during his lifetime. He also acquired, through an original investment of $5,000, stock in the Case Shingle Company, and from the dividends on this stock secured a one-half interest, or approximately that, in the Case Shingle and Lumber [275]*275Company, and throng'll the sale of the stock of these two Case companies acquired practically all of the stock of the LeBamm Mill Company, and at the time of his death his estate consisted of the following-property :

(I) Real estate.........................$ 1,600.00
( 2 ) Bank certificates.................... 9.10
( 3 ) Cash on hand...................... 6,697.17
(4) Policy of life insurance, payable to the estate....................... 4,000.00
( 5 ) U. S. Liberty Bond................. 940.00
( 6 ) Promissory note of May Tunin...... 350.00
( 7 ) Promissory note Semper-Klale Inv.. 60,732.13
( 8 ) Promissory note Semper-Klale Inv.. 5,000.00
( 9 ) Semper-Klale Inv. Co. stock........ 7,774.00
(10) Open acct. due from Semper-K. Co... 17,278.74
(II) Promissory note N. E. Ayer......... 125,000.00
(12) Promissory note LeBamm Mill Co... 40,000.00
$269,381.14

The restatement of a few fundamental principles announced by this court in regard to the determination of the status of community or separate property will suffice to lay the foundation upon which to determine the matter at issue.

The presumption is that property acquired during coverture is community property. Yesler v. Hochstettler, 4 Wash. 349, 30 Pac. 398; O'Connor v. Slatter, 46 Wash. 308, 89 Pac. 885; Guye v. Guye, 63 Wash. 340, 115 Pac. 731, 37 L. R. A. (N. S.) 186; Plath v. Mullins, 87 Wash. 403, 151 Pac. 811; Volz v. Zang, 113 Wash. 378, 194 Pac. 409. And the burden is upon the person claiming- it to be separate property to establish that as its character. Guye v. Guye, supra.

The status of property is to be determined as of the [276]*276date of its acquisition. Heintz v. Brown, 46 Wash. 387, 90 Pac. 211, 123 Am. St. 937; Worthington v. Crapser, 63 Wash. 380, 115 Pac. 849; Katterhagen v. Meister, 75 Wash. 112, 134 Pac. 673; In re Deschamps’ Estate, 77 Wash. 514, 137 Pac. 1009; Morse v. Johnson, 88 Wash. 57, 152 Pac. 677; In re Mason’s Estate, 95 Wash. 564, 164 Pac. 205; Union Sav. & Trust Co. v. Manney, 101 Wash. 274, 172 Pac. 251; Finn v. Finn, 106 Wash. 137, 179 Pac. 103; Folsom v. Folsom, 106 Wash. 315, 179 Pac. 847; Rawlings v. Heal, 111 Wash. 218, 190 Pac. 237; Halffman v. Halffman, 113 Wash. 320, 194 Pac. 371; Dart v. McDonald, 114 Wash. 448, 195 Pac. 253; In re Sanderson’s Estate, 118 Wash. 250, 203 Pac. 75; Jacobs v. Hoitt, 119 Wash. 283, 205 Pac. 414.

This rule is equally true with regard to personal property as with real property. Jacobs v. Hoitt, supra.

If property is once shown to have been separate property, the presumption continues that it is separate until overcome by evidence. Guye v. Guye, supra.

Separate property continues to be separate through all its changes and transitions, so long as it can be clearly traced and identified. Denny v. Schwabacher, 54 Wash. 689, 104 Pac. 137, 132 Am. St. 1140; In re Deschamps’ Estate, supra; Dart v. McDonald, supra; Merrick v. Appenzeller, 115 Wash. 181, 196 Pac. 189.

The rents, issues and profits of separate property remain separate property, and profits resulting from money borrowed on separate credit is separate property. Finn v. Finn and Jacobs v. Hoitt, supra. Separate property may lose its identity as such by being consolidated with community property. Volz v. Zang, supra.

Bearing these principles in mind, it only becomes necessary to apply them to the different items that appear in the inventory of this estate.

[277]*277In relation to items 1, 2, 3, 5 and 6, the testimony-shows that all this property was acquired during coverture, and there is an absence of proof concerning its origin or the source of the money with which it was procured. The presumption therefore attaches that it is community property, and there being no evidence to overcome that presumption, we come to the conclusion that this is community property and, as such, the appellant is entitled to her community interest therein. Jacobs v. Hoitt, supra. In regard to item 4, being the proceeds of a life insurance policy, payable to the estate, no proof was introduced and the presumption must be conclusive that it is community property. As was said in Succession of Buddig, 108 La. 406, 32 South. 361:

“ (Syllabus): A policy of life insurance issued to a married man during the existence of the community and made payable to his executors, administrators and assigns, falls into the community and not his separate estate, on the dissolution of the former by his death. . . . (From opinion):
“The husband is the head and master of the community. . . . The assured having made the policy payable to an ‘executor, administrator, or assigns,’ it is, in our view, as if it had been made payable to himself. He has no right to transact so as to build up a separate estate to the disadvantage of the community. As to him, primarily all the property belongs to the community. Everything left at the dissolution is presumed common.”

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Bluebook (online)
214 P. 10, 124 Wash. 273, 1923 Wash. LEXIS 875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-scofield-wash-1923.