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1927 letter and documents regarding Miller Title Block 88 Lot 2A. C. KELLOGG SUPERINTBND4NT LESLIE W. JOHNSON H. S. PRINCIPAL BOARD of EDUCATION . B. BALLINGER JOHN SNIDER Edmonds School District E. M.MARTIN No. 15 Edmonds, Washington Alderwood Manor, Washington, NOT. 9th, 1927. Dear Mr. Ballinger: Enclosed you will find the papers referred to in our conversation ever the Phone, in re the Miller title. The defeat relating to the "doanna Horseman" title is partially cleared up ley the record referred to in Ma Grew' s letter. Whatever you decide in the matter Will lee satisfactory with me. Hate twat the Xbotract is with McGreew, and the affidavit that he made is with Cook. Advise me as to your conclusion in the matter, or communicate direct with McGrew, as you see fit. Yours truly, Clerk. r J. E. MOGREW ATTORNEY AT LA W 434.35 PIONEER BUILDING. ELLIOTT 2253 SEATTLE, WASH, November 7, 1927. Mr. John Snider, Clerk, School District Rio. 15, Snohomish County, Alderwood Manor, Snohomish County, Yashington. Dear Sir: In za Lot 2, Block 88, City of Edmonds, roaert y of airs. 0. L._ killer. I received the letter on the title of the above rroperty, from the Deputy nroeecutin- ::•ttorney of c.nchomish County, 3. F. Cook. 7hile the letter is not very cleFLr, on a personal visit to the writer, it appears he makes two obJJections to tie title. One, that the mari- tal relations of 0. L. Miller were not shown, and tha other, is that, Llrs. Joanna Horsman is not clearly shown to have owned the property as her sagarate estate at tna time the deed was made to her, some six o-r seven years a o . The first objection I met with my own affidavit as I had known 0. L. 14iller for many yew-3 and know that he arras never married but one time to ILUfana A. Miller, his present widow. They were mar- ried about forty years. The deputy is satisfied on tip-.t point and my affidavit concerning the mat",er is in the hands of the deputy. The second objection, which to me did not seem at all serious, the deputy said would be met if I procured an affidavit showing; that iv r8. Horen.an was unmarried at -the time she got the title, or that the property was in fact her separate estate. I spent a whole day at Everett and Edmonds trying to establish the fact demanded of me and I was not able to find any person who could testify to the exact matter demanded. Mrs. Horsman has recently mar- ried and is living in this city. She promised to come to see me in regard to this r-atter, but seems very sick ens. wrote that she could not state when T could eee her. Now, referring to the .abstract of the title, aside from the Objections raised by the deputy prosecuting attorney, I cell your attention to Mrs. Horeman;s status as fixed by ,the recorded instruments in the chain of title. On June 15, 1919, recorded in volume 162 of Deeds, at page 585, is the warrqnty deed from Edwin A. Chaae, a bache- lor, to Joanna Ilorsrran, unmarried, conveying the pro -,,,-;arty in question. Ordinarily, a lawyer wou� iG.'upon that showing and pass the title without further question, but, following that, on April 250 1924, re- cu,cded in volume 214 of Deeds, page 516, is Joanna Horemant s affidavit as follows: "That the following described property is her sole and separate property; that the same is not community property". ''his affidavit was evidently procured for the purpose of fixing the statue of the prcparty in question. in a way, it preserves evidence for the future and as far as I know, reliance is pl coed on this kind of a aviorn statement coming frog the owner of property. The records of King and Snohomish c;oun,ci es are filled with these affidavits fixing property rights. I know of no other w.ay that we can determine the status of people snd the cona-Wi.on of their properties, excepting by this kind of evidence. My contention is that there can be no reasonable objection to the title frog the fact that Chases in his warranty deed, who is disinterested as to who takes the property from him, declares he is conveying to an unmarried woman, and �Irs. Horeman's affidavit to the effect that the property is her separate estate. For considerable time, more than thirty-five yo-trs, the sriter has had much to do with titles especially in sing C'aunty, and I soy to you, as a lawyer resting on the record, the title ie flood and Mrs. Diller has a right to convey the property to the School District. Since talking with Judge Ballinger some weeks ago, I had recorded -ire the Auditor's Office of ;nohomi.ralk County, a marital con- tract or deed, under the laws of Washington, Wherein 0. L. miler conveys all the property he then possessed, or any that he might have at his death, to his wife, Rofena A. Y'iller, the present widow. I think that meets any possible objection that could be raised to the decree of the Probate Court awarding this property to Firs. l.:iller as her separate property. The School ri st ric t, havi ng undertaken to buy the block Of land in question xhare this property is situated, so disturbed af- fairs as to make it impossible to rent the property owned by Ilrs. Miller. She has, therefore, been without s tenant some little time, at ounsiderable loss to her as she has been compelled to Meet inte-teat charge on the mortgage, regardless of mhether the property produced anything. I' am sending you a copy of the marital contract; also my affidavit in -LLis matter for your files. I keep the abstract until I get reply from you. The warranty deed of Mrs. Miller and the satisfaction of the mortage by Mrs. Tyrrell are with the banker, Mr. Hanson. You have paid nothing on the option, hence Mrs. I'ti,ller would have the right to withdraw it at any time. Personally, I should like to see the sale go through and so would Mrs. 1-illers but entirely too much time is .consumed in this matt-ar to be pleasant to us; so I give you until the 15th of November, 1927, to close the -2- sale by the payment of the sum of 0750.00, Failing in that, you are hereby notified that all negotiations are at an and and the option granted the School District will be cancelled. I wish you would lay this letter before the School Board and they will probably understand what is expected. Yours truly, JEMcG:Bv,,,D. Enos. "( r i r F] C+ FJomo wo �LZ Apo08 1-{ 0 � L rD f+� ct Cq ct W N s , Ct j7 Fi! c'D C9 0 CD W ,p 3 PAAaG7m¢0 Ct W- �r W rd �•�. F•N• is o H y Er, MWOOO cr. Cf C+ a ^ �, o H cam.' : O C+ 0 r' ea o Fb m ?!4 a 9 C� 0 ct. 0 9) O �-h C �• e� A � m ttl v Fr; FA CS r) O CD a F-Y O p, m . 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COOK, DEPUTY I have exarained `.bstract of Title l`To. 22431, -pre;"red by the :ono um_i.` h County Abstract C%onpany and certified by it on the Gth., day of June, 1919, at 8:00 A.Y. and continued by And- erson Guaranty Abstract Company, and certified by it on the 12th.9 day of January, 1022 at 8:00 A.Y. and continued by the Snolomish Co,..nty :'0_,strnct Company to and certified by it on the 5th., day of October, 1927, at 8:00 r.Y., and find that as shown by said 'Lbstra.ct at the date of its lust certificate the title to the property covered by said Abstract, nemely Lot 2, Dlock 88, said City of Edmonds, Snohomish County, ',Iashington, was in Rofena. A. Tiller, widow of 0. L. Yiller, subject to the SollowinZ qu_alificatlons: First: This property was deeded to Joanna, Horsman on June 5, 191V and the deed recites that-, kid Joanne Horsman was un- married.On January 27, 1922, Joanna Forsman deeded said prop- erty to 0. L. Yiller and it doesn't appear from the deed, whether either of them was married. This was a warranty deed. Un April 24, 1924, Yrs . Joanna Torsman ; ave a quit claim deed to the same property to 0. L. Miller, app:. iently huv .ng forgotten that c e waE unmarried and had given a warranty deed to the sgre property to the same grantee. In thip dded she declares the property is the separate property of the grantor and on April 25, she made an affidavit that the prooerty is still her sole and ; eparate property. She signed QW,quit claim deed and the affidavit, rrs. Joanna Horsman% On �[,;F'uly 26, 1024, 0. L. Yiller and Rofena A. 'Filler, liusl: and and tr fe, joined in mortgaging this property to Clara A Tyrrell. filler had previously, on January 27, 1?22, morQa_ ed the same oro . crty without his Wife joining with .}aim. Yrs. ForEman's declaration in her deed and her affidavit , that this is her separate property, would not have any eflect whatever upon any rights of any husband she may Mwe had :_.t the time she acquired title to the ;_property on June 5, 1919. The la:w presumes that ;property acquired by either husband or wife, during; their married life is th � community property of both of them and it requires more than the decl..,ration of the one claiming to be the r October 21, 1927 School District Yo. 15. ,a, -e 2. sole owner of the _..roperty to overcome this presum_-�tion. From the fact that Yrs. Horsman has signed h:::r name in the same way at Jiff cr._ -_:t timos would indicate that she was married before she acquired this oroperty. If' so, the simplest way to cl--ar the title would be to Zet her and her husband to join inaquit claim deed. If this cannot 'e done and the fact is that she had been married and divorced prior to June 5, 19199 a certified co)y of tr;e decree of divorce should be filed with the Auditor of this County. If there is sorne other explanation of her taking a deed in the nar,,e of Joanna Horsman, unmarried- and u.fterward {Zivin a deed to the same proderty and .i-L;nino her name Ilrs. Joanna Horsman, I sug-est you write fne the explanation and I will then endeavor to tell you how to clear the title of the apparent community interest of I rs. .Iorsman's husband. The Abstract does not disclose that 0. L. I,'iller had a wife on JanuLi,ry 27, 1�'22 or at any time prior to the givinu of the rnortga�e by himself and Rofena h. Yiller on July 26, 1924. So far as the records show, L'iller may possible/ had a wife on January 27, 1922 other than Rofena A. Yiller. I presume tl-lat someone is disinterested can be found in, ] dlnonds who will make an affidavit as to w�-ether Rofena A. 3' iller was the wife of O. L. filler on January 27, 1922, and if so, that should be done. Second: The taxes. for 1926 are due and delinquent and the Abstract does not show whether or not there are local improvement assessments levied by the City of :-Jdi-1,;onds against the roperty. Yours, G. F. CO _ Deputy Prosecuting Attorney GFC : B11