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WARBURTON v. WHITE

No. 101.

176 U.S. 484 (1900)

20 S.Ct. 404

44 L.Ed. 555

WARBURTON v. WHITE.

Supreme Court of United States.

Decided February 26, 1900.

Attorney(s) appearing for the Case

Mr. S. Warburton for plaintiff in error. Mr. Frederic D. McKenney was on his brief.

Mr. Charles S. Fogg for defendant in error. Mr. James Hamilton Lewis was on his brief.

MR. JUSTICE WHITE, after making the foregoing statement, delivered the opinion of the court.

The law of the Territory of Washington approved November 14, 1879, provided that in case of intestacy the share of a deceased husband or wife, in community property, should pass to the legal issue of the intestate, and in default of such issue should go to the surviving husband or wife, as the case might be. It is undoubted that if...

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