STATE LAND LAWS 53 



ESCHEATS. SEC. 



sale or gift, or by operation of law, any or all lands of what- 

 soever nature, and said lands shall be inspected, appraised, 

 managed, leased or sold in the same manner as is prescribed 

 herein* for granted lands, and the proceeds of the lease or sale 

 of all such lands shall be converted into the general school fund 

 in the manner prescribed by law, or shall be applied to such 

 specific purpose as may be prescribed by any grantor or 

 testator. This section shall apply especially to all lands that 

 are or may be escheated to the state. (Laws '97, p. 258, sec 58 ; 

 sec. 6610 Rem.-Bal. ; 477 sec. 191 Pierce.) 



Former Laws: Laws '95, p. 567, sec. 92. 



*Chap. 89, Laws '97. 



Compare sec. 3848 et seq., Rem.-Bal., which seem to be repealed by 

 this chapter. Compare also sec. 1341 Rem.-Bal., earlier law for dis- 

 position of escheats. 



By failure to institute proceedings therefor during the lifetime of the alien 

 owner, the state loses its right to escheat lands held by an alien contrary to 

 the provisions of Art. II, sec. 33, Const. : A&raws v. State, 45 Wash. 327. 



And so if lands be conveyed by alien to a citizen before such proceedings 

 are brought : State ex rel. Atkinson v. World etc. Co., 46 Wash. 104 ; Oreg. Mtg. 

 Co. v. Carstens, 16 Wash. 165. 



Lands acquired by the university regents under deed without condition as to 

 the use, are public lands of the state as classified in sec. 59, post, and subject 

 to sale by the Board of State Land Commissioners : State v. Hewitt Land Co., 

 74 Wash. 573. 



SEC. 56i/ 2 . ESCHEAT FOR WANT OF HEIRS. 



Whenever any person possessed of any property within this 

 state shall die intestate leaving no heirs, such property shall 

 escheat to, and the title thereto immediately vest in, the State 

 of Washington, subject, however, to existing liens thereon, the 

 payments of decedent's debts, and the expenses of administra- 

 tion. (Laws '07, p. 253, sec. 1; sec. 1356 Rem.-Bal.; 175 sec. 

 1 Pierce.) 



See 1 Remington's Digest, pp. 1079-1080, sees. 1-4; 4 Rem. Dig., p. 

 398, sec. 2. 



If a person die intestate without heirs his property immediately descends to 

 the state without administration : Territory v. Klee, 1 Wash. 183 ; see, also, 

 Pac. Bank v. Hanna, 90 Fed. 79. 



The state cannot claim an escheat merely because claimants failed to prove 

 that they were heirs of the deceased : Spademan v. We&6, 63 Wash. 5. 



Lands patented by the United States, under 23 Stat. Large, p. 96, to an 

 Indian, who dies intestate and without heirs, will escheat to the state notwith- 

 standing the restriction upon alienation contained in such patent : Opinions 

 Att'y Gen'l, '07-'08, p. 205. 



