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IN RE ESTATE OF MAGEE

No. 2D06-3692.

988 So.2d 1 (2007)

In re ESTATE OF Robert W. MAGEE, deceased, Judith Magee, individually and as Trustee of the Robert W. Magee Revocable Trust U/T/D 10/21/94, Appellant, v. Edna Magee, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 30, 2007.

Attorney(s) appearing for the Case

Robert W. Goldman of Goldman Felcoski & Stone, P.A., Naples, for Appellant.

Joseph W. Fleece, III, of Baskin-Fleece, and Ray Peacock of Peacock & Gaffney, Clearwater, for Appellee.

ALTENBERND, Judge.

Judith Magee (Judith) appeals an order entered in a probate proceeding regarding her father, Robert W. Magee, that determines Edna Magee's right as a surviving spouse to an elective share of Mr. Magee's estate. The order expressly declares that Florida's elective share statutes, codified at sections 732.201 to 732.2155, Florida Statutes (2002), are constitutional under the United States and Florida Constitutions. Based upon the record and the arguments...

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