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FINDINGS OF FACT
Some of the facts have been stipulated and are so found.
The stipulation of facts and the attached exhibits are
incorporated herein by reference. Petitioner resided in Lake
Worth, Florida, when she filed the petition. Petitioner and
Seymour Deutsch (decedent) had been married for approximately 9
years when he died on September 22, 1988, at age 67. Decedent
was survived by three children from his first marriage, Jay R.
Deutsch (Mr. Deutsch) and his two sisters. Decedent’s sister and
her children, among them Richard L. Braunstein (Mr. Braunstein),
also survived decedent.
Decedent died testate, leaving a net estate of $3,361,683.
Decedent left petitioner substantially less than the statutory
30-percent elective share of $1,008,504 that she was entitled to
under Fla. Stat. Ann. sec. 732.201 (West 1995). Under the will,
petitioner would have taken no more than decedent's interests in
two country clubs (the Woodcrest and Fountain bonds), and
furnishings and other tangible personal property located at his
residence, a Lake Worth, Florida, condominium. The will also
purported to devise2 to petitioner the condominium, which
2 Terminology in this area has become quite confusing. In a
distinction dating from the 19th century, a testator devises real
property to a devisee and bequeaths personal property to a
legatee. Dukeminier, Wills, Trusts, and Estates 36 (1984). In
recent years, the terms have become synonymous in some
jurisdictions. The Florida Probate Code, for example, uses
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