COLE v. COLE

No. 5-5412.

462 S.W.2d 213 (1971)

Levester COLE, Administrator, Appellant, v. Bethel COLE, Appellee.

Supreme Court of Arkansas.

Rehearing Denied February 15, 1971.


Attorney(s) appearing for the Case

Sharpe & Wilkinson, Forrest City, for appellant.

Carrold E. Ray and Robert J. Donovan, Marianna, for appellee.


FOGLEMAN, Justice.

The administrator of the estate of Joe Cole, Jr. brings this appeal from a judgment of the probate court that appellee Bethel Cole was the lawful widow of appellant's decedent and entitled to the widow's statutory interest in his estate. The judgment was based upon the court's finding that appellant had not overcome the presumption of validity of a second or subsequent marriage. We find that the preponderance of the evidence does not support the...

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