Espejo-Norton v. Merry

(specially concurring).

This is a fascinating case in which one of the two goddaughters who were the named residual devisees of the testatrix’s $400,-000.00-plus estate turned up several years after the estate had been closed, after she had quite erroneously been declared dead by the circuit court, and after all the proceeds had been distributed to the other devisee. Because, insofar as the record shows,1 diligent, although futile, efforts had been expended to find her, I must agree with affirmance of the order before us denying her motion to reopen the estate. See Estate of Bateman, 290 So.2d…