Clark v. Edwards

W. M. Edwards, a widower, died owning 120 acres of land, which constituted his homestead under section 1765, Code of 1930, on which he had given a deed of trust to secure the payment of an indebtedness of $3,564.74. After his death this deed of trust was foreclosed by the trustee. It brought $5,500 at the- foreclosure sale, and the excess thereof over the money secured by the deed of trust was paid- by the trustee to Edwards’ executor. Several creditors had probated claims against Edwards’ estate, and the question for decision here is whether this money in the hands of his executor is exempt…