Wilson v. Fridenberg

Citations

• 21 Fla. 386

Syllabus

<p>1. When a decision has been delivered in a cause in this court the decision becomes quoad hao the law of the, case, and cannot at a subsequent term be reviewed. The subsequent appeal brings up only the proceedings oí the Circuit Court after the mandate of this court.</p> <p>2. A testator has no power to dispose of his homestead by will, whether he is indebted or not indebted at the time of his death. If he is not indebted, his heirs at law are entitled to the homestead by the operation of the laws of descent. If he is indebted, they are en • titled to it, by the same law, freed from the debts of the testator by force of the constitutional provisions of homestead exemption.</p> <p>3. When a testator makes a will making provision therein for his widow and the widow does not signify her dissent thereto in the Circuit or County Court of the county wherein she resides at any time within one year after the probate of snob will, she forfeits all right to dower in the testator’s estate.</p> <p>4 The testator directed by his will that his business should be carried on by his executors after his death in the same manner that he had conducted it. A creditor of the executors seeks to charge a special portion of said property with the payment of a debt ereated by the executors in carrying on the business : Held. That only that part of testator’s property used by him in carrying on said business was prima facie liable to the debts created by the executors in conducting said business, and that in the absence of an allegation in the bill that the said property was so used and employed by the testator, we are bound to presume that it was not a part of the fund used in carrying on said business and not liable to the debts created by the executors. • /</p> <p>5. An order of a Circuit Court on petition presented by an executor for authority to mortgage assets of the estate to secure debts incurred by the executor, is void as to all persons interested in said estate who are not parti