, unless there is neither father, mother,
brother nor sister of the decedent living, when he or she takes all of
it. The surviving husband or wife has one-half the personal property
if there is issue living, otherwise all of it, after the debts are
paid.

The old Spanish law in regard to community property obtains. While
each retains control of his or her separate estate, the control of the
community property is vested absolutely in the husband. This includes
all acquired after marriage by the joint or separate efforts of
either; lands acquired under the homestead laws; lands purchased with
money derived from profits or loans of the wife's separate estate;
lands purchased by her with money saved from household expenses; and
the court has held that even her earnings outside the home are
community property unless she is living apart from her husband. The
husband can not convey this without the wife's signature, and he can
not dispose of more than one-half of it by will. Upon the death of
either husband or wife one-half of the community property descends to
the survivor, and the other half is subject to testamentary
disposition. If there is no will the survivor takes half and the heirs
of the deceased half; if there are none he or she takes the whole. The
survivor has the preference in the right of administration.

A married woman may make contracts and sue and be sued in her own
name. Husband and wife can not enter into business partnerships with
each other.

By an act of 1879 father and mother were given equal guardianship of
the children, and in case of the death of either the guardianship
passed to the survivor. But in 1896 the Legislature enacted that the
father might appoint by will a guardian of both persons and estates of
minor children to the exclusion of the mother.

The same Legislature passed a law making the expenses of the family
and education of the children chargeable upon the property of both
husband and wife, or either of them, and provided that in relation
thereto they might be sued jointly or separately.

SUFFRAGE: Since 1890 women may vote for school trustees, bonds and
appropriations on the same terms as men, but can not vote for State or
county superintendents.

OFFICE HOLDING: In the fall of 1894 Miss Ella Guptil was elected
superintendent of schools for Clallam County. Her right to hold the
office was contested by her opponent, C. E. Russell. Miss Guptil asked
the following Legislature to m