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goveraed by the provisioas of Florida Statutes ~33.11 (2~~, and. ~
• thereYore, ahould have been brought in Saint Iucie Couaty where :
the sub3ect land lies. t~ihether thia is a:pending estata or an ~
"eztraordinary petition ior assignment o! doxer" the Court
deter~nines that the Fetition ia properly beiore the Court, and
iZ necessary to the validity of this ruling, it is touad that
the provisions oi 3ection ?33.11 (2) apply to venue and aot . ,
~urisdiction and therefore me~y be waived by the parties.
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It ie clearly ~rithin the e=clusive ~urisdiction of
the Couaty Judge's Court to assign dower In 8e: Guze's Estate,
APP., 109 So 2ad 170 C19 9. It 1s also ~iear that.the Cownty
Judge's Court has ~urisdictioa to set aside dower in~~ land con-
veyed by a deceased husbaad without the xife having released ~
her doxer. Johnson vs Ha~ves 30 ~d 109 1951. ~ '
It ia the rinding of this Court that the 8esporidents
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argument that the Ox~der of Administration IInnecessary was~im- !
properly set aside is ~rithout merit both =or ..he reason that ~
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the Court believes that it could entertaia the Fetition to_
~ assign dower vithout the setting aside oi the Order of Adminis- ~
; tration IInaecessary and Yor the reason that the Order was not ~
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~ set aside tor the purpose of allowi.ng a claimaat against the
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estate to make a claim against the estate. A widow claiming ;
dower in property conveyed by her deceased husbaad without her ~
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~oiadar is not malcing a claim against the estate aince the estate ?
has~ao iaterest~in the conve~ed propert9. . _ .
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The Court further finds that sufficient proof has ;
been shoWn that tbe decedent owned an iaterest in the sub~ect
property; that in aa instance snch as this xhere doxer is sought ~
~ in property conveyed by the decedent prior to his death, no
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~ claim is being made against the estate of the decedent aad there-
year atatute is inapplicable. :
~ . Yore the three ~
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~ Th~ Cour~ turthar tinda, 4+~ a mattor o~ taat~ that ~
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the petitioner vas not advised of the ezistence oi the decedents ;
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~ a~K167 o~E122? ~
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