Legal Opinion
Holden v. Estate of Gardner
District Court of Appeal of Florida
Decided October 22, 1981No. XX-256PublishedCited by 3 opinions
1Opinion of the Court
SHIVERS, Judge.
Surviving spouse appeals from a final order denying his claim of homestead property, contending that Article X, Section 4(c) of the Florida Constitution prohibits the devise of the homestead where the owner, who is not the head of a family, is survived by a spouse. We affirm but certify the question raised by appellant to be of great public importance.
Mary Lee Gardner (Holden) died on October 8, 1979, and left a will devising all of her real property to her sister, Roberta Howard, who is the personal representative of appellee estate. Included in the estate was a house located…
2Cases cited9 opinions
- Beck v. WylieSupreme Court of Florida · 1952
- In Re Estate of Van MeterDistrict Court of Appeal of Florida · 1968
- Estate of Deem v. ShinnDistrict Court of Appeal of Florida · 1974
- Raymond Weitzner, Administrator of the Estate of Joe H. Weitzner, Deceased, Lillie Weitzner, Raymond Weitzner, and Virginia Raider v. United StatesCourt of Appeals for the Fifth Circuit · 1962
- Cory v. ParksDistrict Court of Appeal of Florida · 1980
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3Cited by3 opinions
- Holden v. Estate of GardnerSupreme Court of Florida · 1982
- Beltran v. KalbDistrict Court of Appeal of Florida · 2011
- Thompson v. MattoxDistrict Court of Appeal of Florida · 1984