Nesmith v. Nesmith
Cases that cite this one
2 later published cases cite this decision.
- United States v. Morgan (United States District Court for the District of Colorado 1982)
- Wilson v. Florida Nat. Bank & Trust Co. at Miami (Fla. 1953)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This appeal questions the constitutionality of Sec. 731.277 F. S. ’41, F.S.A., which reads:
“The homestead shall descend as other property; provided, however, that if the decedent be survived by a widow and lineal descendants, the widow shall take a life estate in the homestead, with vested remainder to the lineal descendants in being at the time of the death of decedent.”
The appellants, children of the deceased, contend:
“. . . that under.the Constitution they have a present vested interest in the property under the Constitution and that the above statutes deprive them of their rights under the Constitution and are therefore void.”
Appellant is of the opinion that he has vested interest in the real property in question by virtue of Sections 1 and 2 of Article X of our Constitution. In this he is mistaken. The point has been decided and we affirm the judgment on authority of Hinson, et al., v. Booth, 39 Fla. 333, 22 So. 687.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.