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GARTH v. FOSTER

1911566.

608 So.2d 726 (1992)

Candace Smith GARTH v. Laura FOSTER, as administratrix of the Estate of Curtis Garth, deceased.

Supreme Court of Alabama.

November 20, 1992.

Attorney(s) appearing for the Case

Charles H. Boohaker of Jaffe, Burton & Digiorgio, Birmingham, for appellant.

R. Wendell Sheffield of Sheffield, Sheffield, Sheffield & Lentine, P.C., Birmingham, for appellee.

HOUSTON, Justice.

The sole issue presented on this appeal is whether the trial court, after hearing ore tenus evidence and considering a number of exhibits, clearly erred in finding that Candace Smith Garth1 was not the wife of Curtis Garth ("the deceased") by common-law marriage at the time of his death.

Under our well-established standard for reviewing ore tenus findings...

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