Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1881-04-06
Eif.pOrtEus SDtnion j,

Ia tha Corporation Court this mcrniog Judgs
s. Bassett Esc5oh, 10 eX psrte Cook, delivered
h: following opinion oa tho homestead law:
The s2!e cti:c: and purpose Of the cors:iIu.
non ead OF tie scs 10 pursuance thereof is tho
teerri'y If The debtor aud bis family against
toe d: II ,uds of the cre;i.or-a5d the constitu.
ten declares that the homestead exemption
should he c)rsru:d Literally 10 tho eld that
ell tho Interests thereof msy be fully and pers
!tc:iy clrr;ed GU. If MIR. Cook, in bis life
tlno, bad had assigned to him his homestead,
| presume there would be 40 question that it
Foal ID have c?ntiaucd to his EidoW, though
she had b:rae no children 10 him until she
married nlsia or di:G. The Constitution makes
60 provision Tor the HidoW and minor children.
yet the Supreme Court Of Appeals has said
that this enlargement by the Legislature is
within tie scope OF too lrtents aud purposes of
tho constitution to provide foT tho descendants
family and protect them against creditors. Is
it greater stretch Of Judicial authority to say
that tho cbildless widow -dcpeudsn! entirely 10
lille CO the husband scare,is 10 bo set adrift upoo
bis death, homaless, houseless: reoniless, b.
cause there arc nouo to soothe her scrroHs with
6lis! care, or TO aia in her support. His child :.
less wife end hirs Il were bis fauiI;-aud l
caaaot imagine Why IS bis widow. though
ohildies9. she should not be remitted to ell the
rights be mad while living. In Haloff va Well
ford, judge Staples Tie bright peculiar star
10 cur Judicial fTmameat, speaks CT this Law IS
benevolent, beoau5a the possession Of tho
homestead is tho security of the family against
the improVideIcas, tho ioics AID the mpru.
denotes Of tho husband or father. Household.
or, or head of family, arc the terms pervadug
these homestead Gnactmonts-a homo for tho
destitute aod helpless, secure from 6nan
oa Eula, aud the pursuits of creditors,
Who moro ddstiiutc-moro helpless than
tho vlioT Lett without the means Of support ?
think proper construction Of the l0.h sec.,
cearg shows shat IS against credtt5Ts'the pcl-
tl9nsr htr1 Is entitled 20 a homestead 10 Der
husbands estate. Ii provides, If any such
house holicr or head Of family shsll have de-.
psrei this | le sIcs the adoption OF tho present
Constitution leaving widow or irfsns children,
ana suca homcstcsds shall Dot have been
selected Or a:sigGcd in tie lifetime Of ssid
Householder, she, if r9nairing unmarried,
or thej, it sic m:rry CT die before euch se-
lecsloo, shall be entitled to claim the same.
Ii or means and 10 this connection, then
how 10 tho case OF the death OF marriage of the
WIDOW before such selection, ooud the minors 10
eniitlo to claim? IF tho section should read SIS
Is CoHteA0eQ LOT ny learned counsel leaving
widow ard infant children,t meaning thereby
that tee two-!ho widow Of .ha ono part and tho
intan; children OF the ether must coacur-that
is that there shall be both widow and infant
children 10 enla!5 them TO the homestead, low
can II DO that the infs.s children on thu msr.
r!sga or death of their mother shsll be entitled
to claim the homeatesd, if lha widow without
respect TO the nfan! children cannot? The true
reading, hold, OF the section Island this is in
sccG:d with the spirit of tho constitution snd tho
&C! Of assembly and Of the decisions in BALLOT
vs, Wexford. judge, aud OF Helm vs. Helm
that II 3 nlau WHO has no. selected his home.
| stead dies leaving a widow, his widow rtmainiug
unmarried shall be entitled 10 Inc ssme-snd if
such maa die loiTiIg 70 widow bu. minor
Children. they shall BIO entitled. l repeat if or
mess and IN tho one este the widow having no
minor children, ard in the other case the minor
children having no mother neither separately
could be boneiciariss uador this lew, expressly
provided foc LEO family o: the cecodoat whether
i! consisted Of the lone widow. or the widow and
q troop OF little ones. Accepting or on the other
hand 10 mean the diipncliva gives 10 the ono
or to tho other ita full bentli. and thus fulGlls
the design OF the trainers OF the constitution that
The homestead provision 'ahal BE- construed
literally TO tho end tbs. the ilteats thereof msy
Do lu!iJ and perfectly carried OUT