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HomeMy WebLinkAbout1225 - , r.~r_ _ ..y , I.,,,.r- t ~ j : ~ ~o ~s~ ~ Necessary solely for the purpose o! allowing a claim of dower. . i ; to be iiled by the vidoW was entered. 7~e Petition for Assign- ~ ment of Dower and the election to take dower was filed on October . ; 31, 1966. , ' The First National Bank of Stuart, holder of a mortgage encumbering the property sought to be charged with ~ dower, and Iira. June 8ice, present owner of the property, have ~ I ; been made 8espondenta to thia action. There xas some indication in interrogatory number 33 i propounded by the Eespondent, June Rice, present owner oY the ~ property, that Mrs. Sane lanew that the decedent was possessed ! of said property as early as 1955• The answer to the iaterroga- tor~, however, is vague and on questioning, it was elicited ~ ~ that Mrs. Saae ~mew the decedent had an intereat in some property ~ ~ in the Indiaa River area. Decedent did actuall~ own a parcel of property ia Martin County, Florida, and such property was ~ ; . the sub~ect oS the Order of Administration IInnecessary previous- : ly mentioned. It may Well have been that thia xas the property , ~ Mrs. Baae was reterring to when she stated that she kaew "that . ~ the decedent had some interest in some Indian 8iver Area property". # Ia ar~y event, it has not been shoWn that Mrs. Saae had specific ~ ~ , ~ kaowledge at the time of the entry of the Order of lcimiuistration 1: i ~ IInnecessary or earlier that the decedent had an interest in the ; 1 : ; ' property in Which she now seeks doxer. t ' The xldow testified that she first discovered that ~ the decedent had an iaterest in the subject property through 1 an eaamination of decedent's belongings in a suitcase which was delivered to her sometime after decedent died. Mrs. Sane plac- ~ ed this time as "September". Marjorie CracraYt, daughter of ? t ~ the xidow, testified that ~he suitcase was not delivered to her Mother until after the Martin County property xas sold by the 1; . ~ wi.dow. This obviou~ly would plaae the discovery a.iter the entry ~ oY the Order oi Admiaistration Unnecessary in March,~1965, and of course, prior to the actu.al filing of the election to take 1 - ~ # -2- ~ g~K167 ~~E1225 ~ . . _ _ . _ ~ ~:hs : - - , _ P z~ ~ _ _