Slade

Petition by the widow of deceased to set apart personal property. The executor named in the will of deceased, who was also his son and one of the devisees of the will, opposed the petition. The court made the order prayed for, from which this appeal is prosecuted.

*436 Deceased left an estate worth about thirty thousand dollars, consisting of three hundred acres of land in one body. One hundred and fifty acres were devoted to. growing orchard fruits and grapes and about ten acres to garden produce, the balance being used to glow hay. The farm was equipped with implements appropriate for and which were used in operating the entire farm. By his will deceased devised to his wife about ninety acres, including the dwelling-house of the family and about forty acres of the orchard and vineyard lands; and to his children and grandchildren he gave the residue of his property, without making any specific devise of the personal property; the estate was but little in debt, and there was money out of which an allowance could have been provided without disposing of the personal property. The court made its decree setting apart the property in question to the widow as property exempt from…