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dower in October oi' 1966. . ~ '
evmc 30 Pa~ ~~0 ~
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Counael !or Mrs. Rice and for the First National
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Bank Or Stuart argued: . ~ ;
(1) There is no proot that decedent owned the aub3ect ~
property. . ~
(2) That the Order oi gdministration IInaecessary . ~
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eYfective]y barred the iiling of an election to take doWer since '
the widox in ~oiaing in the petition for an Order of Administration
Unnecessary waived both her right to clai~o~ dower and the failure
to file a Notice to Creditors (whi.ch would have commenced the • .
aine month period rrithin which to elect dower running). ~
- (3) That no claim could be made against the eatate . ~
of the decedent aPter three years from the date o~ death. _ ~
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,-(4) That the petitioner was advised of the esistence ~
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.of the decedeats interest in the property as earl.y as 1955, ~d ~
to ~rait until =onr years aPter the date oY death oi the decedent
.to elect to e=ercise her dower right in the pr~+perty is inequi-_ '
table. ~
(5) That the provisions oY Florida Statutes 66.25
indicate that the dower intereat of the wife m~y be elimiaated ~
by the passage oZ time and certaia other eventa.
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In rebuttal it is argued by the Petitioner that since ~
no notice to creditors xas filed as reqnired by atatute, the .
niae month perio8~in which to elect dower has not yet run, and
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therefore, the election is timely. Petitioner turther argues ~
that Florida Statutes 66.25 is not pertinent'because no proof i
that all ot the requirements for waiver oY dower as set out ia f
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the statutes have besa presented to the Court. .
8o question has been raised as to the propriety of ~
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the Court hearing the matter and making determination, even
though the estate has been once closed. Florida Statutes
3ection ?33.10 and ?33•11 require that the estate be peading . ~
' and this Court treats the eatate as "pending". ~fo question
has been raised that this is aa eztraordinary petition and
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- a~x~67 ~~E1226
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