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INFANTE, who resided with decedent, on the real property
hereinbefore more particularly described, at the time of his
death.
4. The above described residence was not specifically
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f devised under decedent's Will, but passes as a part of the
residuary estate, which was devised to a testamentary trustee
f under decedent's Will, who was directed to pay the income to
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! decedent's wife, MARY R. INFANTE, for life with remainder over
E to decedent's grandchildren.
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~ 5. Decedent's grandchildren and decedent's wife have
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t heretofore filed Disclaimers in this proceeding which limit
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the interest of the grandchildren and spouse under decedent's
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~ jrlill to ONE MILLION ($l, 000, 000. 00) DOLLARS, with the remainder
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~ passing by operation of law to decedent's daughter, as his sole
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~ surviving heir-at-law.
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~ 6. Article X, Section 4(c) of the Constitution of the
~ State of Florida prohibits the devise of the homestead reai
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property, if the owner is survived by a spouse. The attempt
to convey a life estate only in the homestead to decedent's
surviving spouse is impermissible. Estate of Finch, 401 So.2d
1308 (Fla. Sup. Court 1581)
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FLORIO~A
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aooK 675 PA~E 180
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