IN RE ESTATE OF L. R. SCAFFE, DECEASED
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This case involves an appeal from a county judge's order recognizing a common law marriage and granting dower rights to the widow. The appellate court affirmed the lower court's decision, finding sufficient evidence to support the determination of a common law marriage.
Yes, there was sufficient evidence to support the county judge's finding that the appellee was the common law wife of the decedent.
“Such consideration reflects that there was sufficient evidence before the County Judge which supported his findings that the appellee herein was the common law wife of the decedent.”
Establishes that the appellate court found adequate evidence to uphold the lower court's ruling.
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Join FLexlaw to unlock all legal intelligenceThe appellee, Cora Lee Flowers Scaffe, was determined to be the common law wife of the decedent by the County Judge's Court. This determination grante…
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This is an appeal from an order entered by the County Judge’s Court in Volusia County determining that the appellee, Cora Lee Flowers Scaffe, was the common law wife of the decedent and granting dower to said wife.
We have examined the record on appeal and considered the briefs and arguments of the parties. Such consideration reflects that there was sufficient evidence before the County Judge which supported his findings that the appellee herein was the common law wife of the decedent. Where conflicting evidence is presented to the county judge sitting as the trier of fact, it is his function to weigh the evidence and resolve the conflicts in that evidence. Mendel v. Mendel, 147 Fla. 167, 1 So.2d 571 (1941).
Affirmed.
CARROLL, DONALD K., Acting Chief Judge, and JOHNSON and SPECTOR, JJ., concur.