Carter's Administrators v. Carter

Citations

• 20 Fla. 558

Syllabus

<p>1. Money and evidences of debt are personal property and may be included in tlie selection of property exempt from any process of law, or from administration of assets to satisfy debts.</p> <p>2. A waiver of any benefit of exemption laws, or an agreement that all the debtor’s property shall be subject to levy and sale, contained in a promissory note, is inoperative as against the policy of the exemption laws. Otherwise as to a mortgage or pledge of specific property.</p> <p>3. When property which may be claimed as exempt irom the satisfaction of debts has been sold or converted into funds by administrators, the heirs entitled may claim the value out of funds in the hands of the administrators.</p> <p>4. Heirs are entitled to the same right of exemption of property that the ancestor had before his death.</p> <p>5. An allowance by the Probate Court out of personal property for the temporary support of the heirs of the intestate must be accounted as part of the amount of personal property claimed by the heirs as exempt from the payment of debts.</p>