In re Schulz
In re Schulz
Opinion of the Court
The question to be decided is one of homestead exemption under the bankruptcy act. Daniel Schulz, now deceased, and his son Adolph Schulz, were adjudged bankrupts in this court upon their petition filed on January 20, 1904. The two Schulzes were domiciled at North Yakima, in the state of Washington, where Daniel had a homestead, upon which he resided with his wife and a large family of children, 13 in number, 8 of whom were dependent upon him for support. On September 11, 1903, they came to' Portland, leaving the wife of Daniel on the homestead at North Yakima, where she was to remain. Thereafter, on November 21, 1903, finding the burden of keeping two separate establishments greater than they could afford, the wife, on her own motion, rented the homestead for a period ending on June 15th next ensuing for $10 a month, and
I am of the opinion that the removal of Daniel Schulz to Portland, under the circumstances testified to, does not constitute an abandonment of the homestead, without reference to the law of the state of Washington providing that a homestead can be abandoned only by a declaration of abandonment, or a grant thereof executed and acknowledged, etc. “A homestead is not abandoned by the removal of the husband with his family and living elsewhere, when there is an intention to return later and make it their home.” Porter v. Chapman, 65 Cal. 365, 4 Pac. 237. ' Such an intention appears from the testimony in this case. The removal to Portland is consistent with such an intention. It was a means to the end of establishing a business in the place of his homestead that would enable him to maintain himself and family permanently there.
All that is offered to support the contention of the creditors is the averment of residence in the petition in bankruptcy, and the testimony of an officer who served some papers in a civil suit upon the bankrupt, and who was told by him and his wife that they lived in Portland and that Portland was their home. This witness says that when he asked Daniel Schulz if he intended to make this place his home the latter an.swered that he did. The witness had been requested by the attorney to make this particular inquiry. Statements having the effect of admissions are to be received with caution, and this is especially true in a case like this, where it was the office of the witness to procure the particular admission. Furthermore, Schulz spoke English imperfectly, so much so that he testified through an interpreter, and he may have misunderstood the question asked him, or the witness may have misunderstood the answer. Schulz denied that any such conversation took place as the officer testifies to. In the petition to be adjudged bankrupts it is noticeable that as to Adolph, the son, it is stated that Portland has been his place of residence and domicile for the greater part of six months, while the statement as to the father is that he has
The petition of the widow of Daniel Schulz is allowed, and the finding and decision of the referee in respect to the homestead exemption in question is reversed.
Reference
- Full Case Name
- In re SCHULZ
- Status
- Published