HomeMy WebLinkAbout1224 . .
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~ IN TgE COUNTY JQDGE'S COURT ,
• .•Il~T ~ND F08 MARTII~T CODNTY, .
~p~( . t~ PA''a.~t~~ FZ08IDA. IN l~'R08~ATE. :
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~ IN RE : ESTATTs OF - ~
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EARI, T. KANE, ORD~E'8 ~
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Deceased. ~
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This cause came on for hearing be~ore me oa June 12, ~
196?, upon the Fetition oi the Vidow for Assignment oS Dower. i
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~ The facts in this case are as follo~rs::. The decedent,
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Earl T. Bane, was married to the wido~, Ma.rgaret S~isan Bane, ;
in 1903, ia Altooaa, Pennsylvanis. They moved to Clearwater, ;
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Florida, in 1924, xhere the widow has resided since. In March, ;
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1931, they separated and have not since l~.ved together. On ~
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September 9~ 1957, decedent esecuted a deed, Petitioners Erhibit ~ ~
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No. 3, along with aaother party to Jewell Z. Smith snd Gertrude
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, A. Smith, hia xite, conveying certain properties as described
in the Petitioa of the i~lidow Yor Assignment oY Dower, said land `
lying in 3aint Lucie County. This deed fails to describe the
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decedents marital status, A dow~er interest in this property is
the gist of this proceeding. ~ ;
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Decedeat died September 15, 1962. His Vill, i.n which
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he left everything to his children, was admitted to probate on ~ ~
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January 20, 1965. Thereafter on March I2, 1965, aa Order of ~
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Administration IInnecessary was eatered in the estate determining i
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that the decedeats estate Mras not indebted. All the devisees ~
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under the will had agreed that distribution of the decedents €
Martin County property be made to Margaret Susaa Bane, the sur-
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viving ti+i.dox. The Order so instructed. The propriety of such ~
a Yinding ia an Order of 9.dministration IInnecessary~has ~ot been
questioaed. On October 4, 1966, the widow Yiled her motion to s
set aside the 4rdsr ot No admin~atratioa Necessary and on October
1~, 1966, aa Order setting aside the Order of No Administration {
~.~7 PA6E1224 ~
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