IN RE ESTATE OF SHINE

No. 79-1859.

389 So.2d 1191 (1980)

In re ESTATE OF Diana Lynn SHINE, Deceased.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 2, 1980.


Attorney(s) appearing for the Case

J.B. Patterson of Patterson, Maloney, Blyler & Feige, Fort Lauderdale, for appellant Bobbye C. Shine.

Montgomery, Lytal, Reiter, Denney & Searcy, P.A., and Edna L. Caruso, West Palm Beach, for appellee John Gray.


ANSTEAD, Judge.

At issue is whether the trial court erred in determining that Frank and Diana Shine died simultaneously for purposes of probate of their respective estates. Under Section 732.601(1), Florida Statutes (1979), when the devise of property depends on the priority of death of two persons and there is insufficient evidence that the persons have died otherwise than simultaneously, the property of each shall pass as if that person had survived. In this...

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