Scull v. Beatty

Citations

• 27 Fla. 426

Syllabus

<p>1. Under the constitution of 1SG8 a homestead is not subject to testamentary disposition; and although a homesteader may leave a will as to his homestead, he dies intestate.</p> <p>2. A resident legatee in a will of a decedent who enjoyed in his lifetime, and up to the time of hi* death, a homestead in this state, cannot claim as against the non-resident heirs of the testator, property exempt as a homestead from debt under the constitution and laws of Florida.</p> <p>3. James Beatty being the head of a family, became the owner of twenty acres of land in Duval county, Florida, in 1872 and occupied, it as a home with his family until his death in 1882; ho loft surviving him, a wife, now dead, and three children by a former marriage, non-residents of the state of Florida; by the terms of a will left by said Beatty, a legacy of one thous- and dollars was directed to be paid to a son of his wife by a former marriage, and a resident of the State, of Florida; Held, that the homestead of said Beatty, descended to his non-resident heirs, and was not subject to pay said legacy.</p>