“ The fallacy which the proposition embodies consists in presupposing that because the Constitution of the state of Washington provides that the legislature 'shall protect by law from forced sale a certain portion of the homestead and other property of all heads of families,' thereby a limitation was imposed upon the general power of the legislature to determine the amount and character of property which should be exempt. ”

“ Clearly, the words 'except in so far as it is to property which is exempt,' make manifest that it was the intention to exclude from the enumeration property exempt by the act. This qualification necessarily controls all the enumerations, and, therefore, excludes exempt property from all the provisions contained in the respective enumerations. ”

“ To support the propositions the law of many states, limiting the exemption of the proceeds of life insurance policies to the cases specified, are referred to, and the argument is that, because in such states there are such statutes, a similar limitation should be read, by construction, into the Washington statute. ”

“ And light upon the intention to give a broad and popular meaning to the term 'life insurance' is shown by the amendment exempting the avails of accident policies, which ordinarily, in the event death does not result, is payable to the insured. And it may also be observed in this connection that the policies considered by the supreme court of Washington in Re Heilbron, 14 Wash. 536, 35 L. R. A. 602, 45 Pac. 153, were payable on the death of the insured to his executors, and no intimation was given in the opinion that policies of that character were not within the terms of the exempting statute. ”

“ Second, exemptions of life insurance policies, it is asserted, do not generally protect the avails of insurance from pursuit by creditors of the insured where the proceeds of the policies are payable to his estate, nor do they protect the avails of insurance from pursuit by the creditors of the wife of the insured, or other beneficiary. ”

“ This was sustained upon the theory that § 6 of the bankrupt act, adopting the exemption laws of the several states, was modified, as to life insurance policies, by a proviso found in § 70a. In addition, in this court it is insisted, on behalf of the trustee, that, even although the construction of the bankrupt act adopted by the circuit court of appeals was a mistaken one, nevertheless the policies were not exempt, first, because the law of Washington making the exemption was in conflict with the Constitution of that state ”