Herrin v. Brown

Citations

• 44 Fla. 782

Syllabus

<p>HOMESTEAD EXEMPTION—HEAD OF FAMILY LEFT WITHOUT FAMILY LOSES HOMESTEAD—PLEADING CONSTRUED MOST STRONGLY AGAINST PLEADER.</p> <p>1. Where all the children of a father and mother have arrived at their majority and have permanently departed from the home of their father, permanently severing their connection with his roof-tree as members of his immediate family and household, and permanently making their homes elsewhere, apart from his parental care, guidance, authority and protection, permanently leaving no one to constitute the family under the headship of the father but his wife, their mother, and the mother dies leaving the father as the sole remaining member of the former family, 'such father, under these circumstances, ceases, upon the death of his wife, to be the head of a family within the contemplation of our constitution, and his former homestead ceases to be exempt to him under the constitution.</p> <p>2. A pleading is to be construed most strongly against the pleader thereof.</p>