In Re Estate of Harding

(dissenting) — I respectfully dissent.

The claims are based on promissory notes signed by decedent, said to have been given for money borrowed by him. There is no suggestion that the claims are unjust. There can be little doubt that decedent wanted and intended these claims to be paid out of this life-insurance money and believed he had arranged for such payment. Decedent’s intention to waive the benefit of the exemption provided by sections 8776 and 11919, Code, 1939, clearly appears — or at least the jury could have- so found. Further, I think there is substantial evidence for submission to…