In re Estate of Tapper

DELL, Judge.

The guardian of Bessie Tapper, surviving spouse, appeals from an order of the trial court denying Mrs. Tapper’s timely election to take elective share.

In August, 1980, the Probate Court of Broward County admitted the 1976 will of the decedent, Saul Tapper, to probate. Mrs. Tapper timely exercised her election to take elective share. Appellees, the personal representatives of Mr. Tapper’s estate, after moving to strike Mrs. Tapper’s notice to take elective share, filed a motion to set aside widow’s election. In support of their motion they contended that Mrs. Tapper agreed to waive…