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IN RE ESTATE OF ENDRES

No. 76-1028.

345 So.2d 793 (1977)

In re the ESTATE of Edward C. ENDRES, Deceased.

District Court of Appeal of Florida, Fourth District.

April 15, 1977.

Attorney(s) appearing for the Case

Phillip H. Logan, of Shinholser, Logan & Moncrief, Sanford, for appellant.

Richard J. Brooks, Altamonte Springs, for appellee.

DAUKSCH, Judge.

This is a will contest case.

The essential facts are that Edward Endres died on March 29, 1971 leaving a widow and two grandchildren. In his will he devised his homestead to his widow in violation of the 1968 Florida Constitution which was the controlling law at the time of the death of Mr. Endres. Article X, Section 4(c), Florida Constitution stated "the homestead shall not be subject to devise if the owner is survived by spouse or minor children...

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