Nelson v. Hainlin
| Decision Date | 07 April 1925 |
| Citation | 104 So. 589,89 Fla. 356 |
| Parties | NELSON et al. v. HAINLIN et ux. |
| Court | Florida Supreme Court |
Rehearing Denied May 19, 1925.
En Banc.
Suit by Albert Nelson and others against P. C. Hainlin and wife. From a judgment dismissing complaint, complainants appeal.
Reversed.
Syllabus by the Court
Whether homestead had been abandoned so as to deprive it of exemption character is determined from facts and circumstances of each case. Whether there has been an abandonment of a homestead so as to deprive it of its exemption character under the Constitution should be determined by a consideration of all the pertinent facts and circumstances of each case as it arises, having in view the intent and purposes of the organic provisions that the homestead 'shall be exempt from forced sale,' and that 'the exemptions * * * shall inure to the widow and heirs.'
If facts are not controverted it may be determined as matter of law whether there has been abandonment of homestead making it subject to owner's debts or to his devise. Where the facts are not controverted, it may be determined as matter of law whether there has been an abandonment of the homestead so as to make it subject to the owner's debts or to his devise.
After acquisition, homestead can be waived only by abandonment or alienation in manner provided by law. Where a homestead has been acquired, it can be waived only by abandonment or by alienation in the manner provided by law.
Property on which wife lived until death of husband, and from proceeds of which she supported him although he lived elsewhere, held not abandoned as homestead. Where a homestead has been established and occupied as the family home, and subsequently the children of the homestead owner become of age and acquire homes of their own, and the mother goes to a distant state and remains a year or more caring for an invalid daughter-in-law, leaving the husband remaining in charge of the homestead owned by him, renting it or rooms therein as a means of living, and the wife returns to and remains on the homestead, taking boarders or renting rooms to support herself and her enfeebled husband, the owner of the homestead, who, because his wife is unable to properly care for him and make a living for both, lives in a neighboring town with a suitable person who cares for him as a boarder until a short time before his death from old age, when he lived with his daughter till his death, in the town where the homestead was, he when able and so disposed occasionally visiting the wife at the homestead, the wife continuing to support the aged husband and herself by living in the homestead and renting rooms therein, the homestead was not abandoned as such, but it retained its character as his homestead or the family home owned by him at his death, there having been no intention to abandon the homestead as the family home, and no other homestead having been acquired.
Appeal from Circuit Court, Dade County; H. F Atkinson, judge.
Twyman Scott & McCarthy, of Miami, for appellants.
In proceedings brought to have the executors enjoined from taking possession of their decedent's homestead under his will conveying all of his property, the court dismissed the bill of complaint, and the complainants appealed.
The question presented is whether the homestead had been abandoned as such prior to the death of its owner.
Whether there has been an abandonment of a homestead so as to deprive it of its exemption character under the Constitution should be determined by a consideration of all the pertinent facts and circumstances of each case as it arises, having in view the intent and purposes of the organic provisions that the homestead 'shall be exempt from forced sale,' and that 'the exemptions * * * shall inure to the widow and heirs.'
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Van Meter's Estate, In re
...have discovered the means to crack. It can be waived by abandonment or by alienation in the manner provided by law. Nelson v. Hainlin, 89 Fla. 356, 104 So. 589. * * * * * The mere fact of being the wife of Barlow does not entitle her to homestead rights in his estate, neither do we find any......
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Williams v. Johnson
...Posey v. Commercial Nat. Bank, Tex. Com. App., 55 S.W.2d 515; Hillsborough Inv. Co. v. Wilcox, 152 Fla. 889, 13 So.2d 448; Nelson v. Hainlin, 89 Fla. 356, 104 So. 589; Fidelity & Casualty Co. of New York v. Magwood, 107 Fla. 208, 145 So. 67. Once acquired it is presumed to continue. So stro......
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O'neal v. Miller
...wife had not abandoned or alienated the homestead property and had not by agreement abandoned the marital relation. See Nelson v. Hainlin, 89 Fla. 356, 104 So. 589. father's mortgage executed in 1927 was good against him as to the property other than the homestead rights in the real estate ......
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Williams v. Johnson
...Posey v. Commercial Nat. Bank, Tex.Com. App., 55 S.W.2d 515; Hillsborough Inv. Co. v. Wilcox, 152 Fla. 889, 13 So.2d 448; Nelson v. Hainlin, 89 Fla. 356, 104 So. 589; Fidelity & Casualty Co. of New York v. Magwood, 107 208, 145 So. 67. Once acquired it is presumed to continue. So strong is ......