O'Day v. O'Day

Mike O’Day, a farmer, died testate July 22, 1938. By the provisions of his will, he devised and bequeathed all of his real and personal property to Jessie O’Day, his wife. She was appointed executrix of his will and duly qualified.

Mrs. O’Day filed an application to have the exempt property set off to her as provided by Code section 11918. Certain of the creditors of the estate, who had filed claims, objected, setting up as a defense that the widow by taking under the will had waived the exemption and claiming that Code section 11847 so provided. The lower court ordered that the exempt…