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IN RE ESTATE OF EVANS

No. 89-2083.

559 So.2d 457 (1990)

In re ESTATE OF Buber Allen EVANS. ULYSSES WALKER & SONS LOGGING and Georgia Casualty Insurance Company, Appellants, v. Lizzie M. EVANS, Individually and As Personal Representative of the Estate of Buber Evans, Appellee.

District Court of Appeal of Florida, First District.

April 16, 1990.

Attorney(s) appearing for the Case

David A. McCranie of Karl, McConnaughhay, Roland & Maida, P.A., Tallahassee, for appellants.

Fred H. Flowers, Tallahassee, for appellee.

PER CURIAM.

We affirm the trial court's finding that Lizzie Evans is the surviving spouse of decedent, Buber Evans, for purposes of sharing in the distribution of assets, if any, of Buber Evans' estate. However, we do not reach the issue of whether Lizzie is Buber's "surviving spouse" for any other purpose, including the filing of a claim for death benefits under Chapter 440, Florida Statutes. Making such a determination is within the exclusive jurisdiction of a Judge...

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