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IN RE ESTATE OF SCHRIVER

No. 83-42.

441 So.2d 1105 (1983)

In re the ESTATE OF Lester O. SCHRIVER, Deceased. Louise A. SCHRIVER, Appellant, v. Merritt L. SCHRIVER, Etc., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 2, 1983.

Attorney(s) appearing for the Case

Stewart Andrew Marshall, III, of Stewart Andrew Marshall, III, P.A., Moreland, Palmer & Marshall, a partnership including professional associations, Winter Park, for appellant.

John DeM. Haines of Winderweedle, Haines, Ward & Woodman, P.A., Winter Park, for appellee.

DAUKSCH, Judge.

This is an appeal from an order in a probate case. The question on appeal is whether the donee of a Durable Family Power of Attorney can make a binding election for the donor/widow to take an elective share of the widow's deceased husband's estate. The trial court said no; we say yes.

In 1974 the legislature created a new power of attorney called a durable family power of attorney which was a means...

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