These two appeals involve the same issues, the same parties, the same attorneys; the same facts and transactions were litigated below and will ‘be treated in one opinion here. Mary Carroll Martin was admin-istratrix of the estate of her husband, Frank Crawford Martin. Frank Carroll Martin was the son and heir of Frank Crawford Martin and Roy Ellis Martin, Jr., was the son and administrator of the estate of Roy Ellis Martin, the father of Frank Crawford Martin who predeceased his son by approximately six weeks. The first suit relates to a claim of the estate of Roy Ellis Martin, Jr., against the estate of Frank Crawford Martin. The second suit or portion of the complaint has to do with re-establishing a lost instrument
• The point for determination is whether or not the claim of the estate of Roy Ellis Martin, Jr.,-filed against the estate of Frank Crawford Martin was barred by the statute of limitations, Sections‘733.16(1) and 733.-18(2) Florida Statutes, F.S.A.
Appellant contends that this question requires an affirmative answer. Pierce v. Pasquarello, 125 Fla. 330, 169 So. 727 is relied on to support this contention, the rationale of her contention being that since appellee filed suit for declaratory decree to recover his claim, prior to filing his claim in the Probate Court, and since said suit was dismissed on procedural grounds and no other action was begun by appellee within 60 days from and after filing the original suit, appellee is barred by the statute of limitations under the doctrine of the last cited case.
It is clear that appellee filed his claim against the estate of Frank Crawford Martin, February 29, 1952, well within eight months from the first publication of notice to creditors as required by Section 733.16 (1) F.S.A. It is also settled that appellant failed to file any objections to said claim within ten months from first publication of notice to creditors as required by Section 733.18(2) F.S.A. Did appellant’s objections filed February 26, 1953, one year, seven months and twenty-one days after the first publication of notice to creditors come too late ?
It is perfectly apparent that appellant’s objections to appellee’s claim were not filed within the time required by Section 733.18 (2) for which it is contended that it is barred by the statute of limitations, but this contention overlooks the provisions of said statute which gives the Probate Judge authority to extend the time for filing objections or instituting suit. Such orders were issued in this case and no appeal was taken from them. The power of the Probate Judge under said statute was discussed and approved in In Re Jeffries Estate, 136 Fla. 410, 181 So. 833; Atlantic National Bank of Jacksonville v. Kirkwood, 152 Fla. 59, 10 So.2d 743; Howard v. Atlantic National Bank of Jacksonville, Fla., 54 So.2d 44 and others. These cases upheld extensions by the County Judge and remove any basis for the contention that they are barred by the statute of limitations since the statute imposes no limitation but the judge’s discretion.
• The questions raised by both sides are highly technical. In fact, we have rarely been confronted with a case in which the Probate Judge -tried harder or exercised care in treating all parties fairly and to reach a just conclusion. He appears to
The judgment .appealed from is therefore affirmed.
Affirmed.