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SMAIL v. HUTCHINS

No. 86-181.

491 So.2d 301 (1986)

Louis SMAIL, Personal Representative of the Estate of Luta M. Ellis, Appellant, v. Samuel HUTCHINS, Personal Representative of the Estate of Charles Lindsay Ellis, Appellee.

District Court of Appeal of Florida, Third District.

July 8, 1986.

Attorney(s) appearing for the Case

Bercuson, Cahan, Lasky, Tarr & Madorsky and Harvey Lasky and Allison Doliner Hockman, Miami, for appellant.

Hayden & Milliken and John D. Kallen, Miami, for appellee.

Before NESBITT, BASKIN and FERGUSON, JJ.

NESBITT, Judge.

Louis Smail, as personal representative for the estate of Luta Ellis, appeals from an order denying his petition for determination of Luta Ellis' elective share. We reverse.

After Charles Ellis' death, his wife, Luta Ellis opted to exercise her right to an elective share in his estate. See § 732.201 et seq. Fla. Stat. (1985). Accordingly, on April 10, 1985, she filed notice of her election with the probate court settling her husband...

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