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IN RE SCHOENFELD'S ESTATE

No. 35218.

56 Wn.2d 197 (1960)

351 P.2d 935

In the Matter of the Estate of L. KENNETH SCHOENFELD, Deceased. RUTH G. BLETHEN, as Executrix, Respondent, v. SUPERVISOR OF THE INHERITANCE TAX DIVISION FOR THE STATE TAX COMMISSION, Appellant.

The Supreme Court of Washington, En Banc.

May 5, 1960.

Attorney(s) appearing for the Case

The Attorney General and Henry W. Wager, Assistant, for appellant.

Monheimer, Schermer & Mifflin, for respondent.

ROSELLINI, J.

[1] The question in this case is: Can community debts of a deceased husband and surviving wife be charged against the separate property of the decedent before the community property is exhausted? The answer is: they cannot.

L. Kenneth Schoenfeld died testate on March 22, 1954, a resident of King county. There was in the estate community property subject to debts in the amount of $73,865.48, and separate property of the decedent amounting...

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