Whitcomb

This is an appeal from an order setting apart property to the widow of deceased as exempt from execution.

The facts appear in the petition of the widow for the order, all ■ of which are admitted by the demurrer. Ho answer was filed or evidence taken at the hearing. Samuel Miller died in 1896, intestate, and Lillian Miller was appointed administratrix December 14, 1896, and duly qualified. An inventory and appraisement was filed March 15, 1897. It is averred that the administratrix has received five thousand dollars on account of a policy of insurance on the life of Samuel Miller, deceased, dated February 22, 1888, and payable by its terms to the executors or administrators of the insured. The annual premiums did not exceed the sum of five hundred dollars.

The heirs at law of decedent were the petitioner and two daughters of the deceased, both over the age of majority, and residents of the state of Hew Tork.

It is claimed that the said sum of money so received is exempt *354 from execution, and petitioner asks that it be set apart to her under the provisions of the statute.

The two daughters, Marian E. Whitcomb and Grace E. Miller, ..appeared and resisted the'application, but,…