City Nat. Bank of Florida v. Tescher

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• surviving spouse had signed antenuptial agreement that waived interest in the homestead
• homestead devised through residuary clause where there were no minor children and the spouse had waived homestead rights
• restraint on the right to devise the homestead should not be extended beyond what is expressly allowed in the Florida Constitution
• “The historical purpose of the homestead provision was to protect those legally dependent on the decedent because of a family relationship.”
• “[W]hen a decedent is survived by no minor children and the surviving spouse has waived homestead rights, there is no constitutional restriction on devising homestead property.”
• “only the decedent’s husband falls within the class which the constitution intended to protect, and only the husband was entitled to the protection of article X, section 4(c)”

Source: CourtListener parenthetical corpus (CC0).