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In re Estate of Finch
Florida Supreme Court
401 So. 2d 1308 (1981)
- Written by Tammy Boggs, JD
Facts
In his will, John Finch devised his condominium to his wife, Madeline Finch (plaintiff), for life with the remainder interest to his daughter Judy Finch (defendant). John had another daughter as well. After John died, Madeline petitioned to set aside the devise, alleging that the condominium was homestead real estate, that John was survived by a spouse and adult children, and that the property should descend as provided by the statutes regarding intestate succession. The probate court granted Madeline’s petition, and Judy and her half-sister appealed. The intermediate appellate court affirmed, and the Florida Supreme Court reviewed the matter.
Rule of Law
Issue
Holding and Reasoning (Adkins, J.)
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