Estate of Walley

Hawley, C. J.,

concurring:

- I concur in the opinion of the court, that it was the duty of the district judge, under the provisions of the statutes cited to set apart the property for the use of the petitioner; but I have doubts whether the property, when so set apart, would be subject to the payment of her debts; and as this *268question is not, in my judgment, necessarily involved in tlie decision of this case, I do not express any opinion in regard to it.