Whidden v. Abbott

CourtUnited States State Supreme Court of Florida
Writing for the CourtBUFORD, Justice.
Citation168 So. 253,124 Fla. 293
Decision Date14 May 1936
PartiesWHIDDEN v. ABBOTT et al.

168 So. 253

124 Fla. 293

WHIDDEN
v.
ABBOTT et al.

Florida Supreme Court, Division B.

May 14, 1936


Suit between Lillie Whidden, as administratrix of the estate of T. G. Albritton, deceased, and Vastia Abbott and others. From an adverse decree, the former appeals.

Reversed. [124 Fla. 293] Appeal from Circuit Court, Hardee County; W. J. Barker, judge.

COUNSEL

W. W. Whitehurst, of Wauchula, for appellant. [168 So. 254]

Leitner & Leitner, of Arcadia, for appellees.

OPINION

BUFORD, Justice.

In this case the only question is whether or not the home and lands occupied by T. G. Albritton at the time of his death possessed the character and attributes of a homestead exempt from sale under execution under the provisions of section 1 of article 10 of the Constitution.

[124 Fla. 294] The record shows that T. G. Albritton prior to January, 1929, lived with his wife on the homestead belonging to him in Hardee county, Fla. In January, 1929, Mrs. Albritton died. Mr. Albritton and his wife were old people. All of their children had grown up, married and moved away, establishing homes of their own.

The status of the homestead then at the death of Mrs. Albritton was exactly like that which obtained and was under consideration in the case of Herrin et al. v. Brown, 44 Fla. 782, 33 So. 522, 103 Am.St.Rep. 182, in which case this court held that on the death of the wife the former homestead ceased to be exempt to the husband who survived the wife; the death of the wife having occurred after all the children had permanently left the parental roof. Therefore, on authority of the opinion and judgment in that case, the former homestead of T. G. Albritton immediately upon the death of his wife ceased to be exempt from forced sale under provisions of section 1 of article 10 of the Constitution.

The contention in the instant case, however, is that the homestead status was revived because of the fact that several years after the death of Mrs. Albritton a son of Mr. and Mrs. Albritton who had for 17 years been living away from his parents and was the head of a family consisting of a wife and four children, and who was a poor man and earned a meager living by preaching the gospel, moved into the home of his father and continued to live there with his family until the death of the father.

In the case of Johns v. Bowden et al., 68 Fla. 32, 66 So. 155, this court defined what is necessary to constitute the head of a family under the...

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15 practice notes
  • Public Health Trust of Dade County v. Lopez, Nos. 70968
    • United States
    • United States State Supreme Court of Florida
    • June 9, 1988
    ...of a family relationship or lived with at least one other as a family and was regarded as the "head" of that "family." Whidden v. Abbott, 124 Fla. 293, 294-95, 168 So. 253, 254 (1936). In each case cited by the creditors, see supra n. 5, the court decided the owner was not the head of a fam......
  • Moorhead v. Yongue
    • United States
    • United States State Supreme Court of Florida
    • September 27, 1938
    ...Court defined the conditions necessary to constitute one the head of a family, which definition was approved in Whidden v. Abbott et al., 124 Fla. 293, 168 So. 253, as follows [page 254]: 'To constitute a 'head of a family' there must be at least two persons who live together in the relatio......
  • Solomon v. Davis
    • United States
    • United States State Supreme Court of Florida
    • February 5, 1958
    ...to the one as 'the head of a family'.' Dania Bank v. Wilson & Toomer Fertilizer Co., 127 Fla. 45, 172 So. 476, 479; Whidden v. Abbott, 124 Fla. 293, 168 So. 253; Johns v. Bowden, 68 Fla. 32, 66 So. The last cited decision makes it equally clear, as recognized in the opinion of the court in ......
  • Kionka's Estate, In re, No. 1039
    • United States
    • Court of Appeal of Florida (US)
    • July 1, 1959
    ...for this support.' (Emphasis supplied.) The principle of a legal or moral duty to support was recognized in the case of Whidden v. Abbott, 124 Fla. 293, 168 So. 253, where a son and his family moved into the home of his father for the purpose of providing shelter for his wife and children a......
  • Request a trial to view additional results
15 cases
  • Public Health Trust of Dade County v. Lopez, Nos. 70968
    • United States
    • United States State Supreme Court of Florida
    • June 9, 1988
    ...of a family relationship or lived with at least one other as a family and was regarded as the "head" of that "family." Whidden v. Abbott, 124 Fla. 293, 294-95, 168 So. 253, 254 (1936). In each case cited by the creditors, see supra n. 5, the court decided the owner was not the head of a fam......
  • Moorhead v. Yongue
    • United States
    • United States State Supreme Court of Florida
    • September 27, 1938
    ...Court defined the conditions necessary to constitute one the head of a family, which definition was approved in Whidden v. Abbott et al., 124 Fla. 293, 168 So. 253, as follows [page 254]: 'To constitute a 'head of a family' there must be at least two persons who live together in the relatio......
  • Solomon v. Davis
    • United States
    • United States State Supreme Court of Florida
    • February 5, 1958
    ...to the one as 'the head of a family'.' Dania Bank v. Wilson & Toomer Fertilizer Co., 127 Fla. 45, 172 So. 476, 479; Whidden v. Abbott, 124 Fla. 293, 168 So. 253; Johns v. Bowden, 68 Fla. 32, 66 So. The last cited decision makes it equally clear, as recognized in the opinion of the court in ......
  • Kionka's Estate, In re, No. 1039
    • United States
    • Court of Appeal of Florida (US)
    • July 1, 1959
    ...for this support.' (Emphasis supplied.) The principle of a legal or moral duty to support was recognized in the case of Whidden v. Abbott, 124 Fla. 293, 168 So. 253, where a son and his family moved into the home of his father for the purpose of providing shelter for his wife and children a......
  • Request a trial to view additional results

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