Anderson v. Clune, 269 U.S. 140 (1925)

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Anderson v. Clune


No. 331


Submitted October 5, 1925
Decided November 16, 1925
269 U.S. 140

ON CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

A soldier’s additional homestead right (Rev.Stats. § 2306) is an inheritable property right which, if not exercised or transferred by the donee, passes to his estate as other property, subject only to the exercise of the rights given by § 2307 to the widow and minor orphan children. Webster v. Luther, 163 U.S. 331. P. 141.

Answer to a question certified by the circuit court of appeals on an appeal from a decree of the district court holding Anderson as trustee of a piece of land patented to him, which Clune claimed under a prior entry based on an assignment of an additional homestead right made by heirs of a deceased soldier.