ESTES, ET AL. v. McCASKILL

No. 39002.

219 Miss. 313 (1953)

68 So.2d 495

46 Adv. S. 42

ESTES, et al. v. McCASKILL.

Supreme Court of Mississippi.

December 14, 1953.


Attorney(s) appearing for the Case

Leslie Darden, New Albany; R.L. Smallwood, Jr., Chester L. Summers, Oxford, for appellants.

Thos. J. Tubb, West Point; Harold D. Geffen, Beverly Hills, California, for appellee.


LOTTERHOS, J.

This is an interlocutory appeal from a decree of the chancery court in the Estate of Malcolm N. McCaskill, making a statutory widow's allowance to Mrs. Lois M. McCaskill. The important question passed upon by the court below and involved on this appeal is whether or not Mrs. McCaskill, the appellee, was the common-law wife of Mr. McCaskill at the date of his death on March 20, 1952.

It is necessary that the basic facts be stated at the outset...

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