be immediately delivered by the executor or administrator to such surviving wife or husband, and child or children, and is not to be deemed assets, namely: (1) All family pictures; (2) & pew or other sitting in any house of worship; (3) a lot or lots in any burial ground; (4) the family Bible and all school books used by the family, and all other books used as a part of the family liabrary, not exceeding in value one hundred dollars; (5) all wearing apparel and clothing of the decedent and his family; (6) the provisions of the family, necessary for one year’s supply, either provided or growing, or both, and fuel necessary for one year; (7) all household and kitchen furniture, including stoves, beds, bedsteads, and bedding, not exceeding one hundred and fifty dollars in value.” Section 5779 contains the following: ‘In addition to the property mentioned in the preceding section, there shall also be allowed and set apart to the surviving wife or husband, or the minor child or children of the decedent, all such personal property or money as is exempt by law from levy and sale on execution or other final process from any court, to be, with the homestead, possessed and used by them.” We first notice the objections to the allowance of personal property amounting to $1,496 to the widow for her use. Section 5127, Comp. Laws, absolutely exempts from levy and sale on execution all the specific property mentioned in § 5778, above quoted, except the 7th gubdivision. It also specifically exempts the homestead. The following section (5128) reads as follows: “In addition to the property mentioned in the preceding section, the debtor may, by himself or his agent, select from all other of his personal property, not absolutely exempt, goods, chattels, merchandise, money, or other personal property, not to exceed in the aggregate fifteen hundred dollars in value, which is also exempt, and must be chosen and appraised as hereinafter provided.” The argument is that the property that may be set apart for the use of the widow under § 5779 cannot be the same property mentioned in § 5128, because the property to which the widow is entitled is “all such personal property or money as is exempt by law from levy and sale on execution,” while the property mentioned in § 5128, it is claimed, is not exempt by law, but by the act of the debtor in selecting the
