IN RE ESTATE OF GASPELIN

Nos. 88-01596, 88-02016.

542 So.2d 1023 (1989)

In re ESTATE OF Joseph Francis GASPELIN, Deceased. Francis GASPELIN, Thomas Gaspelin, Delbert Gaspelin, John Gaspelin, William Gaspelin, and Vera Johnson, Appellants, v. Doris GASPELIN, Appellee. Doris GASPELIN and Hamden H. Baskin, III, As Personal Representative of the Estate of Joseph Francis Gaspelin, Appellants, v. Francis GASPELIN, Thomas Gaspelin, Delbert Gaspelin, John Gaspelin, William Gaspelin, and Vera Johnson, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 3, 1989.


Attorney(s) appearing for the Case

Avery G. Goodman of Avery G. Goodman, P.A., Clearwater, for Francis Gaspelin, Thomas Gaspelin, Delbert Gaspelin, John Gaspelin, William Gaspelin, and Vera Johnson.

Norris S. Gould of McFarland, Gould, and Lyons, P.A., Clearwater, for Doris Gaspelin.

Hamden H. Baskin, III, of Hamden H. Baskin, III, P.A., Clearwater, for Hamden H. Baskin, III, as Personal Representative of the Estate of Joseph Francis Gaspelin.


ALTENBERND, Judge.

The beneficiaries under the will of Joseph Gaspelin appeal the final judgment of the probate court declaring Doris Daerr Gaspelin to be a pretermitted spouse pursuant to section 732.301, Florida Statutes (1985). Since Mr. Gaspelin's heirs do not include any lineal descendants, the final judgment awarded Mrs. Gaspelin the entire estate. § 732.102(1)(a), Fla. Stat. (1985); In re Estate of Dumas, 413 So.2d 58

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