Nelson v. Hainlin

In proceedings brought to have the executors enjoined from taking possession of their decedent’s homestead under his will conveying all of his property, the court dismissed the bill of complaint, and the complainants appealed.

The question presented is whether the homestead had been abandoned as such prior to the death of its owner.

Whether there has been an abandonment of a homestead so as to deprive it of its exemption character under the Constitution, should be determined by a consideration of all the pertinent facts and circumstances of each case as it arises, having in view the intent and…