ESTATE OF GARCIA v. GARCIA

No. 80-1043.

399 So.2d 486 (1981)

The ESTATE OF Encarnacion Luaces De GARCIA, Deceased, Appellant, v. Carlos GARCIA, the Surviving Spouse of the Decedent, Encarnacion Luaces De Garcia, Appellee.

District Court of Appeal of Florida, Third District.

June 9, 1981.


Attorney(s) appearing for the Case

Gars, Dixon & Shapiro and Irwin S. Gars, Miami, for appellant.

Bradford, Williams, McKay, Kimbrell, Hamann, Jennings & Kniskern and R. Benjamin Reid, Miami, for appellee.

Before HENDRY, BASKIN and PEARSON, DANIEL, S., JJ.


BASKIN, Judge.

In this appeal from an action by the wife's estate against the husband challenging the trial court's entry of summary judgment and its grant to the husband of an elective share, two issues require resolution. First, we must consider the question raised by the estate in its direct appeal, that is, whether the husband waived, by the execution of an antenuptial agreement in 1956, rights created by the legislature in 1976, including the right to an elective...

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