JONES v. JONES

No. 81-991.

412 So.2d 387 (1982)

Tommy Allen JONES, Appellant, v. Ellen J. JONES, As Personal Representative of the Estate of Floyd Jones, Deceased, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 14, 1982.


Attorney(s) appearing for the Case

Charles R. Mayer, Highland City, for appellant.

James P. Hahn of Hahn, Breathitt, Roberts & Watson, Lakeland, for appellee.


SCHEB, Chief Judge.

The question we must decide in this case is whether a devise of a homestead is controlled by Article X, section 4, of the Florida Constitution as written when the testator executed his will, or as written at the time of the testator's death.

Floyd Jones executed his will on February 10, 1972, devising all of his estate to his wife, Ellen J. Jones. Mr. Jones died on October 27, 1980. At the time of his death, he owned homestead real property...

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