In re the Estate of Mueller

SCHOONOVER, Judge.

This is an appeal from a judgment holding that homestead property that was ineffectively devised in a will did not become part of the testator’s residuary estate and, therefore, descended to the testator’s spouse and adult children pursuant to section 731.-27, Florida Statutes (1973). We affirm.

In 1964, John C. Mueller and Lois Mueller, his wife, built a home on a lot that was owned at all times pertinent to this appeal by Mr. Mueller, individually. From that *785time until his death the property constituted Mr. Mueller’s homestead within the meaning of article X, section 4(c)…