Brown v. Creditors of Estate

Citations

• 123 Cal. 399
• 55 P. 1055
• 1889 Cal. LEXIS 1074

Syllabus

<p>Estates of Deceased Persons—Setting Apaet Exempt Pbopebty—Life Insurance Policies—Constbuction of Statute.—Under section 1465 of the Code of Civil Procedure, construed in connection with section 690 of the same code, life insurance policies the annual premiums of which exceed five hundred dollars cannot, as to any portion thereof, be set apart to the widow and minor children as property exempt from execution.</p> <p>Id.—Exemption a Creature of Statute—Legislative Intent.—1'xemp- , tions are the creatures of statute, and no property is exempt unless made so by express provision of law. Where the legislative intent is clear and unambiguous, the literal import of the statute must be followed, and there is no room for construction.</p> <p>Id.—Remedial Statute—Liberal Construction.—A statute exempting property from execution is remedial, and if susceptible of construction is to be liberally construed to effect that purpose of the legislature; but that is not a liberal construction which would defeat the plainly expressed purpose of the legislature.</p>