Jones v. Williams

Opinion by

Judge Cofer:

Neither the wife nor children of the owner of a homestead have any independent interest in the exemption during his life. The statute gives the exemption to the husband as long as he is alive, and it is only after his death that the wife and children are declared to be entitled to it. During the life of the husband the only effect of the statute is -to disable him to waive the exemption without his wife will unite with him in doing so. The wife has a sort of veto power over the right of the husband to waive the exemption. But her power goes no further.

The right to the…