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BARKLEY v. BARKLEY

No. 19721.

314 F.2d 188 (1963)

Rufus C. BARKLEY, Jr., and Joseph G. Barkley, individually, etc., Appellants, v. Emlyn Methvin Spence BARKLEY, individually, etc., Appellee.

United States Court of Appeals Fifth Circuit.

January 30, 1963.

Attorney(s) appearing for the Case

Huger Sinkler, Charleston, S. C., Charles H. Gibbs, Fred H. Kent, Sr., Ulmer, Murchison, Kent, Ashby & Ball, Jacksonville, Fla., Sinkler, Gibbs & Simons, Charleston, S. C., of counsel, for appellants.

C. Harris Dittmar, E. Earle Zehmer, J. W. Pettyjohn, Bedell, Bedell & Dittmar, Jacksonville, Fla., of counsel, for appellee.

Before TUTTLE, Chief Judge, GEWIN, Circuit Judge, and AINSWORTH, District Judge.

TUTTLE, Chief Judge.

This appeal presents the question whether a will leaving the entire personal property of a decedent in Florida, executed under a contract to execute such a will in favor of the children of the decedent, is effective to cut off the dower rights of the widow who married the decedent without notice of the will or the contract requiring its execution.

The decedent was Calvin Barkley who left a widow, Emlyn Barkley, and two sons, Rufus C. Barkley...

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