Hinson v. Booth

Citations

• 39 Fla. 333

Syllabus

<p>HOMESTEAD EXEMPTIONS —PERSONAL PROPERTY EXEMPTION MAY B15 DISPOSED OP BY AVILL.</p> <p>t. The widow and heirs, on the death of the pater familias, acquire their proprietary rights of property in the things exempted, i ot from the constitutional provisions exempting them from forced sale for the piayment of debts, hut entirely from the statutes regulating dower and the descent of property, unaffected by such constitutional provisions, except that the latter instrument appends to the things exempted, in their transmission to the widow and heirs, the feature of immunity from forced sale for the debts of the ancestor.</p> <p>3. There can be no homestead or exemption for one person in another’s property,</p> <p>3. The power of alienation is not derived from the Constitution or statute relating to alienation of homesteads. It is an incident of the ownership of the propeity independent of the homestead law, and the directions and prohibitions of the Constitution or statutes as to the alienation are mere restrictions upon this antecedent power.</p> <p>4. The Constitution of Florida does not regulate, abridge, or restrict the antecedent power of alienation of the owner of the ■personal property that it gives him and his widow and heirs the privilege of exempting from forced sale for his debts; .neither does it regulate, abridge, or restrict his power to dispose of such personal property by will. As to such personal property exemption, the head of the family is left by the Constitution with the unrestricted right to dispose of it by will, to take effect on his death, or to alienate it absolutely during his life.</p>