Hutchinson v. Stone

Citations

• 79 Fla. 157
• 84 So. 151
• 1920 Fla. LEXIS 648

Syllabus

<p>1. Upon the death of “the holder of a homestead,” the homestead “inures” to the widow, as widow, if there be one, and to the “heirs” of the owner.</p> <p>2. A wife has a dower interest in her husband’s homestead real estate.</p> <p>3. Exempt property is for the benefit of the “heirs” as well as the “widow” of the owner.</p> <p>4. If a “deed or mortgage” “alienating” the homestead is not “duly executed * * * by husband and wife, if such relation exists,” the deed or mortgage is ineffectual to convey or to encumber the homestead property.</p> <p>5. On the mortgage or conveyance of homestead real estate, none of the requirements of the constitution or the statute may be waived, by the husband and wife,' or by either of them.</p> <p>6. It is the wife’s acknowledgement before a proper officer, separate and apart from her husband, that she executed, an instrument conveying real estate freely and voluntarily, without compulsion, constraint, apprehension or fear of or from her husband, and not merely the wife’s signature to the instrument, that makes it effective as to her.</p> <p>7. The “heirs” of the homestead owner, as well as the owner and his wife, if he has one, have an interest in the home- • stead real estate that can be “alienated” only as provided in the constitution.</p> <p>8: If the requirements of the constitution and statutes are not complied with in. “alienating” homestead real estate, the attempt is a nullit as to the “heirs” of the homestead owner and also as to the, husband and wife.</p> <p>9. A deed or mortgage to be “duly executed * * * by husband and wife,” must be executed as required by the statutes, that is signed, sealed and delivered by each of them, attested by two witnesses as to each signature, and as to the wife, a statutory “acknowledgement” is a part of the due execution of a deed or mortgage.</p> <p>10. Under the statute the acknowledgement by a married woman of the execution of a deed of conveyance to be effective as a conveyance must be