The Florida agriculturist., 1885-04-22

together with one thousand dollars worth
ofspersonal property and the improve
ments on the real estate, shall be exempt
from forced sale under any process of
law, and the real estate shall not be
alienable without the joint consent OF
husband and wife, when that relation
EXISTS. But no property shall be exempt
from sale for taxes, or for the payment
of obligations contracted for the purchase
of said premises, or for the erection OF
improvements thereon, orfor house, field
or other labor performed on the same.
The exemption herein provided for in a
city and town shall not extend to more
improvements or buildings than the res
idence and business house of the own
! er."
Another section provides that these eX-
emptions shall be available to the heirs
of the party having enjoyed or taken the
benefit thereof, and ''shall apply to all
debts Except as therein specified) no
matter when or where the debt was con-
tracted or liability incurred" lArticle
IX.)
The twenty-sixth section of article " +,
declares that "all property, both real and
personal, of the wife, owned by her be-
fore marriage, or acquired afterwards by
| gift, devise, descenbor purchase, shall be
her separate property and not liable for
the debts of her husband" /"
This section is queerly sandwiched
among the provisions relating to the or
ganization and government of the legis-
lature, but is nevertheless effective.
Following are some of the provisions
of the statutes relating to the property of
aliens, of husband and wife and the
rights of the survivor therein and in the
avails of life insurance policies.
Aliens, of any country or nation what
ever, may purchase, hold, enjoy, sell,
convey or devise any lands and tene-
ments to the same extent as citizens.
(Thompson's Digest, p. 1907
The husband and wife shall join in all
property of the wife, and the real estate
joint deed of the husband and wife, duly
attested, authenticated and admitted to
record according to the laws of Florida
regulating conveyances of real property.
The husband shall have the care and
but can make no charge for such man
agement.
If married women die in this State
possessed of real and personal property,
the husband will take the same interest
which a child would take, if there be
children, and if she die without children
the surviving husband is entitled to adj
minister and take the whole estate
(ThoNpsop's DIGEST a. 22f.)
Ii the husband dies intestate, without
children, the wife is sole heir at law,
and may take the whole estate, subject
to the debts of her husband, or dover,
at her election. (LdWs of 1872, %. 80.
The proceeds of any policy of Life In
surance upon the life of any person dying
in this State shall enure exclusively to
husband or wife, child or children, in
equal portions, unless otherwise provid-
ed in the policy, and the same shall IN no
case be liable to any process by the cred
itors of the insured, unless the insurance
was for their benefit. (Laps of 1872, p.
13.)
Every person of sound mind may dis
pose of his or her real estate by will,
which must hes med by the testator or
testatrix or under his or her express di-
rection, and must be attested and sub
scribed in his or her presence by three
or more witnesses, otherwise the will is
OF no effect. But nuncupative wills, or
wills spoken and not written, made dur
ing last sickness, may be established
and made effective. (Thompson's Digest,
%. I92
The mode of authentication, as provid-
ed by law, should be strictly observed.
Many inquiries and suggestions in re-
gard to the purchase, and the disposition
of real and personal property will occur
to those interested, but an article of this
character is necessarily too brief to be
satisfactory. In reference to real estate
too much caution cannot be exercised,
and the subject is too important to be
trified with. If stranger would be as
safe as is practicable he will seek the aid
of some reliable and responsible lawyer,
conversant with the subject Mortgages,
tax liens, the rights of heirs under age,
the regularity OF sales made by executors
and administrators, the character of the
title or tenure conveyed by the various
forms of deeds, the powers ,ofo trustees
and agents in executing conveyances
should be thoroughly examined and un
derstood. Do nothing in haste in regard
to these important matters, and keep
your money until you get what you bar
gain for.
Your land purchased and paid for,
your house erected, the garden fenced
and planted, the fruit trees and ornamen-
tai shrubbery duly set and arranged, the
lake or river near by teeming with fish
and populated with water fowl, you may
listen to the singing of the tea-kettle and
the prattle of little tongues and you and
your wife may be king and queen in
your little domain. You cannot sell the
farm or the house without her consent.
She cannot sell without yours. Neither
of you can lawfully, against the consent
of either, deprive the other of the home
stead. The laws of this State in this re-
gard are calculated to keep the family to-
gether.
You have no right to complain that
you cannot dispose of your property as
you like without her consent, because
ll,a,cr LIZ