In re the Estate of Endres

DAUKSCH, Judge.

This is a will contest case.

The essential facts are that Edward En-dres died on March 29, 1971 leaving a widow and two grandchildren. In his will he devised his homestead to his widow in violation of the 1968 Florida Constitution which was the controlling law at the time of the death of Mr. Endres. Article X, Section 4(c), Florida Constitution stated “the homestead shall not be subject to devise if the owner is survived by spouse or minor children.” Since the Constitution stated that the homestead was not subject to devise it passed by intestate succession. Since the property…