Godwin v. King

Citations

• 31 Fla. 525

Syllabus

<p>1. The widow is entitled under the statute to dower of one-third part of all the lands, tenements and hereditaments of which her husband died seized and possessed, or had before conveyed, whereof she had not relinquished her right of dower as provided by law : and Article IX of the Constitution of 1885, pro-, viding that the exemptions therein contained shall enure to the widow and heirs of the party entitled to such exemption, does not tate away her right to dower in that portion of the real estate exempt as a homestead.</p> <p>2. The Constitution of 1885 does not undertake, any more than did. the Constitution of 1868, to regulate the descent of property;., but it simply exempts a certain portion of the estate of the head of a family residing in this State from forced sale under process of any court for. the debts o£ such head of the family, and to continue this exemption after his death to his widow and heirs. The respective shares of the widow and heirs are-not determined by the homestead article in tbe Constitution, but are ascertained, under the law regulating dower and the-descent of property in. force in this State.</p> <p>3. The widow’s right of dower under the statute is entirely distinct and separate from the estate descending to the heirs, and is superior both to the claims of creditors and the inheritance of the heirs.</p> <p>4. In case of an intestate estate where the decedent leaves more than one child, the widow is entitled under the statrute to one-third part in fee of the personal property, and the fact that under the homestead article in the Constitution of 1885, one thousand dollars’ worth of 'personal property is exempt, together with the homestead real estate, and this exemption also enures to the widow and heirs, does not repeal the statute in reference to, or take away her right to the one-third part of the personal property in the estate of her deceased' husband.</p> <p>5. Whex-e the head of a family residing in this State and entitled to