110 So. 699 | Ala. | 1926
C. C. Fleming died the 5th day of October, 1911. He had no children, and made a will leaving all of his property, real and personal, to his wife during her life, with remainder to his relatives. The estate was solvent and considerably in excess of the exemption allowed the widow under the law. The intestate named no executor, so one Donaldson was appointed administrator with the will annexed. After serving about two years the said Donaldson resigned and made a settlement. The widow was then appointed administratrix of the estate and continued as such until her death on the 26th day of August, 1925, without having made a final settlement of the estate. C. W. Mizell was appointed administrator to succeed the widow, and is now acting. M. O. Harrison was, in September, 1925, appointed administrator of the widow, Mrs. Fleming, and subsequent thereto instituted proceedings to have the exemptions as to personal property of $1,000 set apart as provided by section 4200 of the Code of 1907 (the law existing when Fleming died), and which was done.
This court has held that, notwithstanding the widow had no vested right or title to this exemption until it was set apart, in case of her death the right devolved upon her personal representative. Leslie v. Tucker,
The decree of the probate court is reversed, and one is here rendered dismissing the claim. Reversed and rendered.
SAYRE, GARDNER, and MILLER, JJ., concur.