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IN RE ESTATE OF BRAGG

No. 75-997.

334 So.2d 271 (1976)

In re ESTATE Of U.J. BRAGG, Also Known As Ulysses J. Bragg, Also Known As Ulysses Jackson Bragg, Deceased. William R. SUTTON, As Guardian for Julian L. Bragg, Incompetent, Appellant, v. Maggie Mae Nelson BRAGG, and the Estate of U.J. Bragg, Also Known As Ulysses J. Bragg, Also Known As Ulysses Jackson Bragg, Deceased, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 6, 1976.

Attorney(s) appearing for the Case

Pettigrew & Bailey, Miami, for appellant.

C. Hugo Whitehouse, Arthur E. Huttoe, Miami, for appellees.

Before HENDRY and NATHAN, JJ., and LESTER, M. IGNATIUS, Associate Judge.

PER CURIAM.

This is an appeal by respondent-appellant, W.R. Sutton, as guardian for Julian L. Bragg, incompetent, from an order of the probate division of the circuit court determining the petitioner, Maggie Mae Nelson Bragg, to be the sole heir of Ulysses J. Bragg. The only issue herein is whether or not the petitioner was the common law wife of Ulysses J. Bragg, deceased.

Appellant raises two points on appeal. First, that in effect, the order determining...

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