68 Ala. 365 | Ala. | 1880
The fund in the hands of the administrator was derived entirely from.the sale of the lands of the intestate. The sale was made, not for the payment of debts, but because otherwise there could not have been a fair and equitable division of the lands. This fund is not personal assets, and is not the subject of distribution, in the proper, technical sense of -that term, which refers only to a division of personal assets among the next of kin. taking under the
The statute carefully distinguishes the exemption of lands to a widow and minor children, from the exemption of personal property to them. The homestead is exempt to them during the life of the widow and the minority of the children. From the estate of the husband and father this particular estate is carved out, continuing until the children attain majority and the widow shall die. Upon the expiration of the particular estate, the land reverts, by operation of law, to the heirs of the deceased husband and father. There is aD exemption of specified personal property to the widow and minor children, free' from the claims of creditors, or distributees.—Code of 1876, § 2824. A further exemption is made them of personal property of the value of one thousand dollars, and the mode of selecting and separating it from other personal property is prescribed. This is taken free from the claims of creditors, but if the estate is solvent, on final settlement, it is to be accounted for as part of the distributive share of the widow and the minor children, or as a part of their legacy, if there is a will disposing of the entire estate. Code of 1876, § 2825. The absolute title, the entire interest in each exemption of personal property vests in the widow and minor children. There is not, as there is of the homestead, the carving out of a particular estate or limited interest, upon, the expiration of which the property will revert. The exemption of personal property last referred to, is in the nature of an advancement when the estate is solvent. In anticipation of the shares of the personal assets distributable to the widow and minor children on final settlement, they take the exemption. On that settlement, they must account for it, as part of their distributive shares. It is the distributive shares of the personal assets only, of which it must be accounted as a part. It is in these assets only the widow can have a share, from which she could be compelled to account. And, as we have seen, as to the exemption of the homestead, there is an entirely different estate and interest created. All the words of the statute are appropriate, when applied to a distribution of personal assets, and can only be applied to real assets by giving them a loose, inappropriate significance. The application of them to. a division of real
Affirmed.'