If the owner of a homestead die, leaving a widow, but no children, and said widow has no separate homestead in her own right, the same shall be exempt, and the rents and profits thereof shall vest in her during her natural life; Provided, That if the owner leaves children, one or more, said child or children shall share with said widow, and be entitled to half the rents and profits till each of them arrives at twenty-one years of age - each child's rights to cease at twenty-one years of age - and the shares to go to the younger children; and then all to go to the widow; and, provided, that said widow or children may reside on the homestead or not. And in case of the death of the widow, all of said homestead shall be vested in the minor children of the testator or intestate.
Publisher's Notes. In Hess v. Wims, 272 Ark. 43, 613 S.W.2d 85 (1981), this section, as applied, was held to violate the equal protection clause of the U.S. Constitution in that it discriminated between widows and widowers. See also Stokes v. Stokes, 271 Ark. 300, 613 S.W.2d 372 (1981). For current, gender-neutral homestead exemption act, see § 16-66-210.