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UNION TRUST COMPANY v. BAKER

No. 2687.

143 So.2d 565 (1962)

UNION TRUST COMPANY, Executor, and Charles R. Holley, Guardian Ad Litem of Georga Diane Black, a Minor, Appellants, v. Dixie Lucille Black BAKER, Appellee.

District Court of Appeal of Florida. Second District.

July 6, 1962.

Attorney(s) appearing for the Case

Paul B. Johnson, Tampa, W. Joseph Reynolds and Charles R. Holley, St. Petersburg, for appellants.

H.D. Wentworth, Tampa, for appellee.

McMULLEN, NEIL C., Associate Judge.

This appeal is by an executor in a probate proceeding assigning as error the awarding of dower to appellee. The issue below was on the widow's election to take dower and objections filed thereto by the executor. Appellants' theory was that the widow had willingly deserted the deceased; was guilty of living in adultery; the Statute of Westminister II (13 Edw. I, Chap. 34) is in effect in Florida; that the facts were such that this...

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