Hedick v. Hedick

Citations

• 38 Fla. 252

Syllabus

<p>1. Under tbe law of this State the homestead of a deceased head of a family residing in this State does not go into the hands of the administrator of his estate as assets for the payment of debts. It descends to the heirs, subject to the dower of the widow (when there is a widow), on the death of the ancestor. The administrator should not be charged with services of a laborer employed by the widow to care for and improve the homstead of the deceased and to make crops for such widow thereon.</p> <p>2. In a suit by an heir against the administrator of the estate of his ancestor for an account and distribution of the assets thereof, where it clearly appears from the proof, though not alleged in the bill of complaint, that such an ancestor was the head of a family residing upon a homestead in this State at the time of his death, but where he owned more than one tract of land, and the proof is indefinite as to which one of said tracts constituted such homestead, the case is in such condition that, for lack of information, no court of equity can make a decree for an accounting by the administrator which, according to our Constitution and laws respecting administrators and homestead exemptions, will properly protect the interests of the heirs upon the one hand, and of the creditors of the estate upon the other hand.</p>