ALLEN v. GUTHRIE

No. 84-2063.

469 So.2d 204 (1985)

Emma A. ALLEN, Appellant, v. Rowland J. GUTHRIE, As Personal Representative of the Estate of Eldie B. Allen, Deceased, Appellee.

District Court of Appeal of Florida, Second District.

May 22, 1985.


Attorney(s) appearing for the Case

William Berkley of Law Offices of William Berkley, St. Petersburg, for appellant.

Robert J. Andringa of Baynard, McLeod & Lang, P.A., St. Petersburg, for appellee.


FRANK, Judge.

In this case the appellant, Emma A. Allen, who is allegedly the widow of a decedent, filed an untimely notice of election which was stricken by the trial court. We affirm the trial court's action.

A surviving spouse must file an election to take a statutory share of the estate within four months from the first publication of notice of administration. § 732.212, Fla. Stat. (1983). The statute contemplates the enlargement of that period only...

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