Johns v. Bowden

Citations

• 68 Fla. 32
• 66 So. 155

Syllabus

<p>1. An unmarried man who is “the head of a family residing iji this State” to whom homestead exemptions have accrued, may alienate his “homestead, so exempted by deed or mortgage duly executed by himself;” if he “be without children,” he may dispose of his “homestead by will in a manner provided by law.”</p> <p>2. A married man may alienate his “homestead so exempted by deed or mortgage duly executed by himself” and Ms wife; but a married man who leaves a widow or a child surviving him cannot lawfully make a testamentary disposition of his homestead.</p> <p>3. While “the exemptions” impressed by law upon “a homestead,” “shall inure to the widow and heirs of the party entitled to such exemptions,” the homestead property may be alienated by deed or mortgage,, and may be disposed of by last will and testament, if there be no widow or child of “the holder” of the homestead.</p> <p>4. The status of a homestead which the Constitution impresses upon property under certain circumstances, does not change the nature of the estate in the property “owned by the head of a family residing in this State,” but merely exempts such property from certain liabilities to which it would otherwise be subject, and limits the owner’s inherent, power of alienation, by making such property “exempt from forced sale under process of any court,” and by making the real estate “inalienable without the joint consent of husband and wife, when that relation exists.”'</p> <p>5. The homestead exemptions impressed upon property “owned by the head of a family residing in this State,” “inure to the widow and heirs of the party entitled to such exemption,” along with the respective rights in the property which are east by law upon the widow and heirs of the head of the family who was at his death entitled to the exemption benefits.</p> <p>6. To constitute a “head of a family” there must be at least two persons who live together in the relation of one family, and one of them must be “the head” of that “fa