Columbia National Bank v. Embree

The opinion of the court was delivered by

Scott, J.

— The facts agreed upon are, in substance, that one William McGee died testate, his wife surviving him ] that said parties owned community property in Columbia county at the time of his decease] that one Embree was appointed executor of his will j that said McGee owed the Columbia National Bank $440, being a suretyship debt] that he left a small amount of separate estate, but not sufficient to pay the claim] that the community debts were paid by the executor, and a surplus of money was left in his hands arising from a sale of the community…