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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT JANUARY TERM 1980
NOT FINAL UNTIL TIME EXPIRES
TO FILE REHEARING PETITIQN
In re the Estate of ; AND, IF FILCD, DISPg6ED OF.
DANIEL J. DEZSO, Deceased. ) CASE N0. 79-357.
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Opinion filed April 9, 1980
Appeal from the Circuit Court
for St. Lucie County; Royce R. '
Lewis, Judge. ~ ~ '
{ N. Richard Schopp, Port Saint
Lucie, for Appellant-Daniel J.
Dezso, Personal Representative
of the Estate of Daniel J.
Dezso, Sr., Deceased.
Charles E. Garris of Smith,
O'Haire, Thatcher & Quinn,
Vero Beach,-for Appellee-
Angeline P. Dezso.
GLICKSTEIN, J.
This is a timely appeal from an order of the probate court,
extending the time in which a claimant could file an actiar. based
upon her statement of claim.. We reverse.
Appellee is the widow of the de~e3ent, whom she married on
June 13, 1970.- On May 19, 1978, the decedent executed a will,
I, leaving his estate to his son and naming-him as personal representa-
tive. At the time of decedent's death on June 14, 1978, he was domi-
~ ciled in Florida. An inventory filed August 3, 1978 indicated that
~ -the estate assets consisted of personal property valued at $21,469.63.
On October 17, 1978, appellee, a resident of Connecticut,
filed a statement of claim against the estate for _$35,000 based on
her having tendered all of her income and social security benefits
to the decedent from the date of their mar=iage, together with
savings of $7,500. Her attorney-in-fact in Connecticut executed
said claim and a surviving spouse's election to take her statutory
share of the .estate. Appellant filed an objection to appellee's
claim on October 26, 1978; and on December 26, 1978, an Indian
River County law firm filed a petition in appellee's behalf to extend
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~ time for the filing of an action based on the statement of claim.
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