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FLAVIN v. FLAVIN

No. 16462.

523 S.W.2d 94 (1975)

Harry M. FLAVIN, Temporary Administrator of the Estate of John H. Flavin, Deceased, Appellant, v. Flora Moon FLAVIN, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied May 15, 1975.

Attorney(s) appearing for the Case

Robert A. Jircik, Houston, for appellant.

Houchins & Tasker, Kenyon Houchins, Houston, for appellee.

COLEMAN, Justice.

This is an appeal from a probate court order granting the applicant, Flora Moon Flavin, a widow's allowance of $3,000.00 in lieu of homestead. The only issue on appeal is whether or not appellee contracted a valid common law marriage with John H. Flavin, Deceased.

The case was submitted to a jury who found that (1) the deceased, John H. Flavin, and appellee mutually agreed and consented on or about December 6, 1971 to become husband and wife...

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