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KEMP v. KROUTTER

86-1395.

531 So.2d 854 (1988)

Lois KEMP v. Francis X. KROUTTER, individually, and as executor of the Estate of Charles L. Kroutter, deceased; et al.

Supreme Court of Alabama.

September 2, 1988.

Attorney(s) appearing for the Case

John A. Courtney, Mobile, for appellant.

Eaton G. Barnard of Stout, Roebuck & Rossler, Guardian ad Litem, Mobile, for Dawn Marie Kroutter, appellee.

William H. McDermott of Sirote, Permutt, McDermott, Slepian, Friend, Friedman, Held & Apolinsky, Mobile, for Estate of Charles L. Kroutter, deceased.

Ralph G. Holberg, III of Holberg & Danley, Guardian ad Litem, Mobile, for Mary Pauline Kroutter, appellee.

ALMON, Justice.

In this proceeding for the probate of the will of Charles L. Kroutter, Lois Kemp filed a motion for determination of widowhood, requesting that the probate court declare her to have been the common-law wife of Kroutter at the time of his death. Kemp requested a trial by jury; the executor and others filed motions to strike the demand for jury trial, and the probate court granted these motions. After a trial, the probate court determined that Kemp was...

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