20 S.C. 246 | S.C. | 1883
The opinion of the court was delivered by
On January 11th, 1882, John Ray departed this life intestate, and on February 1st, 1882, the re
. The administrator appeals “on the grounds taken before the master, mainly on the ground that the decedent, John Ray, not being in debt at the time of his death only to a small extent, compared even with his personal property, his widow is not entitled to a homestead either of the real or personal estate, as against his heirs-at-law; that it is only as against debts that homesteads are allowed.” Under our recent rule we can only consider the ground of appeal, which is specifically stated, which indeed seemed to be the only ground relied upon in the argument here.
To dispose of this case it would be quite sufficient for us to say that we have no legal evidence before us as to the amount of the indebtedness of the intestate. The statement made by the administrator in his objections filed before the master, though sworn to by him, is manifestly not sufficient, for at that time the time allowed by law for presenting claims against the estate of a decedent had not expired, and it would have been impossible for the administrator to know the amount of the indebtedness of his intestate. Indeed, he only ventures to give an estimate “according to his best information.”
But waiving all this, and assuming the fact to be, as the ad
What interest the administrator has in the matter, it is difficult for us to conceive. If there should prove to be a sufficient amount of property, over and above that set apart under these proceedings, to pay the debts of the intestate, what possible objections' can the administrator have to the designation of the particular property which cannot be applied to the payment of sucb debts. But if, o.n the other hand, there should not be a sufficient amount left for the payment of the debts, then, as we understand the argument of the appellant, it was conceded, and as we think properly conceded, the exemption could be claimed. The real ground of complaint on the part of the appellant seems to be the apprehension that by the assignment of homestead to the widow the interests of the other heirs-at-law and distributees in the property so assigned, will be either defeated or in some way impaired. What interest the administrator has in this matter, at least so far as the real estate is concerned, it is difficult to understand. But as the administrator may be regarded as the representative of the distributees, and bound to protect their interests in the personal property, we will consider the question.
We do not understand the homestead laws as designed to alter or in any way affect the statute for the distribution of intestate’s estates, and they do not even purport so to do. It is true that the legislature might, if so minded, make that, or any other
The judgment of this court is that the order of the Circuit Court which is appealed from, be affirmed.