In Re MacDonnell's Estate

It is the contention of appellants that:

1. The provision of sec. 9700 N.C.L. which states that the court "may" set apart exempt property vests the court in discretion in considering and acting upon such applications; 2. The provisions of sec. 9700 N.C.L. have no application to estates in which summary administration has been ordered, as in the one at bar; and

3. That the petitioner is estopped to claim any part of the insurance money as against the preferred claim of Ross-Burke Company for funeral expenses.

The trial court should ascertain the needs of the family of deceased, and then, in its…