Jefferson Standard Life Ins. v. Estate of Jose Lovera

On Petition for Rehearing.

— The Court did not overlook its previous decisions to the effect that “the payment of interest upon a mortgage executed by a decedent may, in effect, dispense with or assume a presentation of the mortgage claim” to personal representatives within the statutory period. See Miller v. Crosby, 68 Fla. 365, 67 Sou. Rep. 76.

Where a waiver of the statute of non-claim is set up and relied on as basis for obtaining a deficiency decree upon a mortgage debt, the present status of the law is not such that, in every case, a waiver of the non-claim statute, must be implied from…