(Download) "In Re Metcalfs Estate" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: In Re Metcalfs Estate
- Author : Supreme Court of Montana
- Release Date : January 04, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Exemptions ? Estates of Deceased Persons ? Setting Aside Exempt Property for Support of Beneficiaries ? Nonresident not Entitled to Benefit of Statute ? Parent and Child ? Right of Parent to Change Residence of Child ? Statutory Construction ? Appeal and Error. Exemptions ? Estates of Deceased Persons ? Statute Authorizing Setting Aside Exempt Property for Support of Beneficiaries an Exemption Statute. 1. Section 10145, Revised Codes 1921, authorizing the district court or judge to set apart to a surviving husband or wife, or to the minor children of a decedent, all property exempt from execution, held, to be an exemption statute or one creating a preferred claim against the estate of a deceased person, and not one of succession or inheritance. Same ? Right to have Exempt Property Set Aside for Support may be Waived. 2. The right to have exempt property set aside for the support of a minor child of a deceased person may be waived. Same ? Liberal Construction of Exemption Statute. 3. While exemption statutes must be liberally construed, the claimant, in order to obtain its benefit, must show that he belongs to one of the classes of persons mentioned therein. Parent and Child ? Domicile ? Parent Entitled to Custody of Child may Change Its Residence. 4. Under section 5850, Revised Codes 1921, a parent entitled to the custody of a child has the right to change its residence; hence a divorced wife to whom the custody of a minor child had been awarded was authorized to fix the childs place of residence. Same ? Purpose of Exemption Statutes. 5. Exemption statutes, such as sections 9428 and 10145, Revised Codes 1921, are primarily intended for the protection of the home as well as for the protection of the state, which is interested in the welfare of the homes within its confines and the throwing of safeguards about them. Statutes and Statutory Construction ? Duty of Courts. 6. When the legislature, speaking for the sovereign people, has expressed its will by statute upon any subject, the duty is enjoined - Page 543 upon the courts to accept its expressions as the law on the subject and determine controversies arising with respect to it accordingly. Same ? Nonresident Minor Held not Entitled to Order Setting Aside Exempt Property for Its Support Out of Estate of Decedent. 7. Decedents minor child, living with her divorced mother in another state, through her guardian ad litem petitioned the district court that the proceeds of certain life insurance policies be set aside as exempt property, under section 10145, Revised Codes 1921, ? an exemption statute. Section 9428, Id., provides that moneys derived from life insurance of the debtor shall be exempt, but that no person not a bona fide resident of the state shall have the benefit of the exemption. Held, that petitioner, being a nonresident, was not entitled to an order granting the petition. Appeal ? Correct Conclusion, Wrong Reason Rule ? Affirmance. 8. Where the correct conclusion was reached by the trial court, affirmance will follow, irrespective of the fact that it may have been based upon a wrong reason.
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