Hyacinth Flickinger v. Donald McGavick Trustee in Bankruptcy of the Estate of Hyacinth Flickinger

This is an appeal from an order of a bankruptcy court confirming an order of the referee authorizing the sale of certain real property. The property, situated in Pierce County, Washington, had previously been set aside to Hyacinth Flickinger, the bankrupt and appellant, in lieu of homestead. It had also been made the subject of a declaration of homestead in her favor. Appellant contends that the status thus acquired by this property precluded forced sale of the property in the bankruptcy proceeding.

Fredrick F Flickinger died on November 5, 1956, leaving Hyacinth Fliek-inger as his surviving spouse. Probate of his estate was instituted in the superior court of the State of Washington for Pierce County. On January 3, 1957, the net estate, including the real property here in question, was appraised at $5,-807.42. Pursuant to RCW chapter 11.52, the probate court entered an order setting aside and awarding this entire net estate to Hyacinth Flickinger in lieu of homestead. The superior court order accomplishing this is dated March 26, 1957.

On May 7, 1957, Mrs. Flickinger declared a homestead in the same real property, in accordance with RCW chapter 6.12 On May 14,1957, she filed a…