Stewart v. Taylor
Stewart v. Taylor
Opinion of the Court
delivered the opinion of the court.
This is an agreed case presenting the following state of facts:
Stewart had been clerk and master of the Second Chancery Court of Memphis, before said court. was abolished in 1875. As such clerk and master, he had certain fees due him, and which have been, or are in process of collection, by the clerk and master of the Chancery Court of Shelby county. Stewart died, and Taylor is his administrator.
The question presented, • whether the widow is entitled to all sums due her late husband, as exempted property, and the administrator excluded from their receipt as assets of the estate.
The property exempt from execution by see. 2288, is exempt in the hands of the widow, but the property meant is that specified in the exemption provisions of the Code, and has no relation whatever to such monies as may be due the intestate, whether as fees or salary of office, as are in contest- h*-re.
These monies go to the administrator as other assets to be by him administered, a id stand as other monies or debts due the deceased, with i o exemption from administration or liability to appr -priation for debts due any more than other debts due the intestate.
The court below so held, and we affirm the judgment.
Reference
- Full Case Name
- S. A. Stewart v. J. A. Taylor, Adm'r.
- Status
- Published