WALTER E. MARTIN AND FRANCES N. MARTIN, HIS WIFE, APPELLANTS (PLAINTIFFS),

v.

ROBERT M. FRYE AND OLIVE R. FRYE, HIS WIFE, APPELLEES (DEFENDANTS)

Citator

Cited By

• Carman v. Gilbert, 615 So. 2d 701 (Fla. 2d DCA 1992)
  …will and that her share of the estate be divided among the residual beneficiaries. It is a judicially created doctrine that a beneficiary who files a petition to revoke probate must renounce the benefits under the will. In re the Estate of Filion, 353 So. 2d 1180 (Fla. 2d DCA 1977). The doctrine requires the renunciation as a condition precedent to the remedy. 353 So. 2d at 1181. The solidification of the doctrine in Florida can be traced back to Pournelle v. Baxter, 151 Fla. 32, 36, 9 So. 2d 162, 163 (1942)…
• Fintak v. Fintak, 120 So. 3d 177 (Fla. 2d DCA 2013)
  …egatee challenging a will); Barnett Nat’l Bank, 49 So. 2d 535 (beneficiary challenging validity of trust created by third party); Pournelle v. Baxter, 151 Fla. 32, 9 So. 2d 162 (1942) (legatee challenging validity of a will); In re Estate of Filion, 353 So. 2d 1180 (Fla. 2d DCA 1977) (same); In re Estate of Harby, 269 So. 2d 433 (Fla. 2d DCA 1972) (same); In re Estate of Pellicer, 118 So. 2d 59 (Fla. 1st DCA 1960) (same). Thomas and John concede that no case in Florida, nor any case in another jurisdiction, h…
• In re Est. OF Margaret K. Pavlick v. Pavlick, 697 So. 2d 157 (Fla. 2d DCA 1996)
  …r the time period set forth in section 733.212(l)(b) expired. We conclude that the petition for revocation related back to the date of the original pro se objection. In re Estate of Snyder, 562 So. 2d 403 (Fla. 4th DCA 1990); In re Estate of Filion, 353 So. 2d 1180 (Fla. 2d DCA 1977); Fla.R.Civ.P. 1.090. Accordingly, the trial court did not err in denying the personal representative’s motion to strike and dismiss Mr. Pavlick’s petition to revoke probate. Affirmed. FRANK, A.C.J., and BLUE, J., concur. . The…