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IN RE ESTATE OF LYONS

No. 42689.

83 Wn.2d 105 (1973)

515 P.2d 1293

In the Matter of the Estate of SAMUEL C. LYONS, Deceased. CLARENCE E. LYONS, as Executor, Appellant, v. BERNICE H. SORENSON, as Guardian, Respondent.

The Supreme Court of Washington, En Banc.

November 21, 1973.

Attorney(s) appearing for the Case

Bruce P. Hanson (of Hanson & Lust), Bovy, Graham, Cohen & Wampold, and David L. Bovy, for appellant.

Anthony Arntson, for respondent.

WRIGHT, J.

This appeal presents a single question. Did RCW 11.52 repeal by implication RCW 6.12.080? Otherwise expressed, can a surviving spouse claim a homestead right in property which was the separate property of the deceased spouse?

Samuel C. Lyons, the deceased herein, had been married before his marriage to Olga E. Lyons, which occurred on January 6, 1963. At the time of the last marriage both parties were of...

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