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BECK v. MERRITT

No. 83-94.

657 S.W.2d 549 (1983)

280 Ark. 331

Aline Merritt BECK, Appellant, v. Hazel L. MERRITT, Appellee.

Supreme Court of Arkansas.

October 3, 1983.

Attorney(s) appearing for the Case

Eudox Patterson, Hot Springs, for appellant.

Wood, Smith & Schnipper by Harry E. Cook, Jr., Hot Springs, for appellee.

HAYS, Justice.

The primary issue presented by this appeal has not been decided previously, that is, whether our dower statutes1 violate the equal protection clause of the fourteenth amendment where the decedent dies intestate. The Probate Judge held, correctly we think, that there is no gender-based discrimination between dower and curtesy in cases of intestacy and, accordingly, he awarded dower to the surviving spouse. On appeal, we affirm...

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