The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1882-06-20
HEA D-NOTEs OF DECISIONS
SUPREME COURT OF FLORIDA, i,
June Term. A. ID. I663.


Emily r. Wilson, Executrix of the last will of
Converse Parkhurst, deceased, and James Y.
Wilson, her husband, Appellants VS. Phoebe
Fridenburg, ppelee-Madson county, trans
ferred from Duval
WEsTcoTT, j.
1. Under the constitution of this State the
right of The wife as 10 The homestead is confined
to n power to prevent alienation by her husband,
the head of the family, without her consent made
jointly with him. But the constitution does not,
however, repeal the statute allowing dover in
the estate of the husband and this right exists
as to the homestead.
2. The exemption is from the debts OF the
head of the family, the owner of the homestead.
II accrnes to the heirs of the party having taken
enjoyed the benefit of It, Where such owner
dies leaving surviving him widow and children,
the right of the widow if the estate is an ntes-
tate estate, is restricted to DOVER and the benefit
of the exemption as to the remainder of the es-
tate in the homestead after allowing dover,
enurcs 10 the benefit Of the children.
3. Ii the estate is testate estate and the de-
wise to the widow is inconsistent with dover,
then tile widow is put la her election between
the will aud dower, and if she does not elect
dowcr within one year after The probate OF the
will, in which event the benefit of exemption as
To the entire homestead is not the subject of
lestameniary disposition by the head of the
family.
A. Where in case OF the wife surviving the
husband, he dying testate leaving her cxecutrix
with power Of sale under the will, she executes a
mortgage of the homestead under an order of
court, the children surviving. not being parties
To such proceeding are not bound by it,
5. To all proceedings affecting the homestead
upon the death of the head of the family, his
heirs are necessary parties.
Order over ruling pleas reversed, and the bill
directed 10 be dismissed.
A. w. Cockrel aud Geo. u Walker, for Ap-
pelants; j. Z. EIartridge and NJ. G. Jordan, for
Appellee.
George E. Pace, Administrator of Augustus N.
Pace, Henry Robinson and George r. Foster,
Appellants, VS.. Augustus Raiford Pace, by his
next friend, Herman +. Damon, Respondents.
-Duval County.
WEsrcorT, j..
1. The statute requiring the next friend of an
infant TO give bond upon the institution of a suit
relates exclusively to proceedings at common
law. So much OF the case of Sandersons Admir-
VS.. SandersoD, IL Fla, 500, holding otherwise,
Overrulcd.
2. In a suit in chancery by an infant through
his next friend, the chancellor has the power TO
adopt such measures as are necessary TO fully
protect the interest of the infant, and should ex-
ercise il when necessary.
3. A contract of life insurance describes the
beneficiary Hereunder as for the benefit OF the
estate of the insured" Held, that the beneficial
interest under this contract enured al the time
of its execution and delivery TO persons other
than the assured, and that no interest passed to
his assignee upon the party subsequently becom-
ing voluntary bankrupt
a A contract of life insurance of a foreign
corporation, il executed and delivered In this
State, must be construed by the laws of this
State, and under the statute Of this State,
(Chap. 1884 Laws Noes Dig, 5S41 wherever
the contract does not describe o person or per-
sons, class or classes, In such terms as 10 show
children, husband or wife OF the assured 1t enures
to her or their benefit.
o. Where the description Of the bene6ciaries
n contract Of life insurance is ambiguous. or If
the terms used are applicable 70 several persOns,
or II the description Is imperfect, extrinpic eyi-