67 P. 22 | Utah | 1901
These proceedings, so far as we are able to discover from a very imperfect record, were brought to obtain an order to remove Richard Thorn as administrator of the estate of Ashal Thorn, deceased, and also for an order setting apart the real estate left by the decedent, as a homestead for the widow', and for an order of sale of the real estate with which to pay the funeral expenses, expenses of administration, and of the last sickness of the deceased. The Court denied the widow’s petition to remove the administrator, and also denied the widow’s petition to have the real estate of the deceased set aside to her as a homestead, and granted the administrator’s petition to sell the real estate to p'ay the expenses
Very many questions are raised in the record by Mr. R. H. Jones, who was the attorney for the widow in the court below, many of which are of inconsiderable importance. The principal question for us to determine is whether the court erred in making the order for the sale of the real estate for the purpose of paying the debts against the estate, which were incurred in the care of the deceased during his last illness, funeral expenses, and expenses of administration, which included money advanced to the widow for her support, and the sum of $163, paid by the widow’s consent, and by the request of the court, in roofing the dwelling house, which roof had been consumed by fire. The following .embraces the list of expenses: Funeral expenses, $41.30; time and service in caring for the deceased, $25; fees of clerk of court in administration, $12; widow’s allowance advanced, $25; taxes paid
Appellant’s counsel insists that the real estate in question was exempt from the payment of the expenses of the last sickness of the intestate, funeral expenses, and expenses of admin
All the real estate belonging to the deceased did not exceed in value $800. After having made the order, of sale of the real estate to pay the expenses of the last sickness, etc., the court could not properly set apart the same real estate to the widow as a homestead. These expenses were a proper charge against the estate, and could only be realized and paid from the proceeds of the sale of the property. Under the circumstances, no error was made in refusing to set aside the homestead to the widow.
Other questions are presented by the record, but we do not deem them worthy of further consideration. The attorney for the administrator was compelled to prepare and print an additional abstract, consisting of twenty-one pages, for the