Page:North Dakota Reports (vol. 48).pdf/883

, , and , JJ., concur.

, C. J. (concurring in part and dissenting in part). I agree that the complaint sets forth a cause of action in equity, to set aside the antenuptial and postnuptial marital agreements.

I dissent from the conclusion arrived at by the majority as to the construction of 8725, C. L. 1913, which provides as follows:

“''Exempt Personal Property. Disposition of'', —There shall also be set apart absolutely to the surviving wife or husband or minor children all the personal property of the testator or intestate which would be exempt from execution, if he were living, including all property absolutely exempt and other property selected by the person or persons entitled thereto to the amount in value of fifteen hundred dollars according to the appraisement and such property shall not be liable for any prior debt of the decedent except the necessary charges of his last sickness and funeral and expenses of the administration when there are no other assets available for the payment of such charges.”

I adhere to the interpretation of the foregoing section, as I gave to it in the case of Krumenacker v. Andis, 38 N. D. 512, 165 N. W. 524.

NELS K. MOGAARD, Appellant, v. W. M. ROBINSON, individually and as mayor of the City of Garrison, J. A. REUTER, JOE FITZGERALD, JOE MAHOWALD, and W. E. RICHARDS, individually and as members of the City. Council of the City of Garrison, Respondents.

Municipal corporations — sewer “outlet” extending on unplatted lands within proviso of statute for exclusion of such territory, held limited to sewer serving no purpose except to connect system with point of discharge.

Certiorari to review proceedings to exclude territory from a city. Chap. 32 of the Session Laws of 1921 provides for the exclusion of ter- ritory upon petition showing the absence of municipal improvements and that the land is unplatted; but it is provided that, “where a sewer outlet