After stating the case. We entirely concur in His Honor’s interpretation of the instrument, and that its operation was to convey to the plaintiff all the goods enumerated, which were not in fact used nor required in making up the value of the property which the debtor was entitled to retain exempt from execution.
All the described property of the debtor is assigned, subject to such deduction as he could claim if he had executed no assignment and remained the owner. The reservation is only of the right to have exempted such as might be needed in making out the exemption; and when articles are withdrawn from those assigned, all that remain belong to the plaintiff, and the reservation is exhausted. It is too plain to admit of dispute that no interest in the goods is retained by the debtor on which an execution can be levied. All the property mentioned in the deed— that to be allotted as exempt and that not required for such purpose — is beyond the reach of legal process; and the manifest object is to pass to the trustee everything which should not turn out tobe exempt. If the debtor had died after his assignment and the right of exemption lost, undoubtedly the trustee would have taken all, and the like result must follow if the exemption is of other goods in whole or in part, as to what are left.
The only case we have found that seems to have a bearing upon the question, from a brief- note in Abbott’s U. S. Digest, *246is contained in a report to which we have' not had access, Thurston v. Masteson, 9 Dana (Ky.), 228, and is to this effect: A conveyance of all the grantor’s land in a certain district, reserving 1,000 acres to be takep at the grantor’s election in any part of the granted premises; the grantee may hold the whole until the grantor makes his choice and designation of the 1,000 acres.
This case seems to establish the proposition that all the goods are transferred, and the property remaius in the assignee, until the reserved part is separated and allotted to the debtor as exempt. But our case is not presented in this aspect, since the separation was effected before the sheriff undertook to make the levy, and when the sole interest in what remained was in the plaintiff.
There is no error, and the judgment must be affirmed.
No error. Affirmed.