IN RE ESTATE OF MUELLER

No. 81-2298.

419 So.2d 784 (1982)

In re the ESTATE OF Lois MUELLER, Deceased.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 25, 1982.


Attorney(s) appearing for the Case

Ladd H. Fassett of Pleus, Adams, Fassett & Divine, P.A., Orlando, and Jack O. Hackett, II of Farr, Farr, Haymans, Moseley & Emerich, Punta Gorda, for appellants.

Robert E. Pyle, Lake Alfred, and Thomas W. Garrard, Punta Gorda, for appellees.


SCHOONOVER, Judge.

This is an appeal from a judgment holding that homestead property that was ineffectively devised in a will did not become part of the testator's residuary estate and, therefore, descended to the testator's spouse and adult children pursuant to section 731.27, Florida Statutes (1973). We affirm.

In 1964, John C. Mueller and Lois Mueller, his wife, built a home on a lot that was owned at all times pertinent to this appeal by Mr. Mueller, individually...

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