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IN RE ESTATE OF JOHNSON

No. BB-118.

347 So.2d 785 (1977)

In re ESTATE OF Ruth L. JOHNSON, Deceased.

District Court of Appeal of Florida, First District.

June 24, 1977.

Attorney(s) appearing for the Case

Charles E. Booth, Daytona Beach, for appellant.

Charles R. Burnett of Wells & Burnett, Daytona Beach, Duffett, Barry, Seps & Akers, Ormond Beach, and Isham W. Adams, Daytona Beach, for appellee.

JOPLING, WALLACE M., Associate Judge.

This appeal presents this Court with the agonizing confrontation between the literal application of an apparently inflexible statute, Section 731.07(5) Florida Statutes (1973), with every conception of common sense, justice and equity. We hold the latter should prevail under the facts and circumstances of this particular case as hereinafter set forth and under the saving clause of Section 731.07(5) Florida Statutes (1973).

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