In re Peterson's Estate

GIBLIN, Associate Justice.

Ida Mathilda Peterson, the widow of Richard Peterson, invoking the provisions of section 732.41 of the Florida Statutes, F.S.A., filed, on July 16, 1953, in the county judge’s court of Lake County ' a petition for the construction of certain provisions of her deceased husband’s will which had been probated in such court, contending that under and because of such- provisions she is the owner of certain real property of which her husband died seized and possessed.

The executor (who had not been finally discharged) moved to dismiss the petition, assigning as grounds for…