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Bauer v. Reese (In re Estate of Bauer)

Florida District Court of Appeal

161 So. 2d 678 (1964)

Facts

George Bauer, decedent, married Susie Bauer (plaintiff) in 1955, divorced her in February 1957, and then remarried her in October 1957. George executed his will in 1956, between his marriage to Susie and their subsequent divorce, and therein bequeathed his homestead to Susie. Following George’s death, his cousin, Mary Reese (defendant), was appointed the executor of his estate. Susie filed a petition to claim her share of George’s estate as a pretermitted spouse, arguing that (1) her divorce from George in 1957 voided the provisions of the 1956 will that benefitted her as his spouse; and (2) their subsequent remarriage did not revive those voided provisions. The probate court dismissed Susie’s petition, and she appealed.

Rule of Law

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Issue

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Holding and Reasoning (Sturgis, C.J.)

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