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IN RE ESTATE OF PETERSON

No. 82-2219.

433 So.2d 1358 (1983)

In re ESTATE OF George PETERSON, Deceased. George PETERSON, III, As Personal Representative, Appellant, v. Drew N. BARRINGER and Judith M. Barringer, As Co-Personal Representatives of the Estate of Alberta Newcombe Peterson, Deceased, Appellees.

District Court of Appeal of Florida, Fourth District.

July 13, 1983.

Attorney(s) appearing for the Case

Mary Copeland of Copeland & Chambliss, P.A., Fort Lauderdale, for appellant.

Rohan Kelley of Rohan Kelley, P.A., Fort Lauderdale, for appellees.

HERSEY, Judge.

This appeal from an order in the probate division denying a motion to strike an untimely claim filed against a decedent's estate presents the issue of whether one of the exceptions to the non-claims statute, Section 733.702, Florida Statutes (1981), preserves the claim involved in these probate proceedings.

George Peterson was appointed personal representative of his deceased wife's estate and in that fiduciary capacity failed to file the required...

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