IN RE ESTATE OF EDWARD H. MILLER, DECEASED. HAZEL M. MILLER, ALSO KNOWN AS HAZEL MATHERLY, APPELLANT,
v.
VIRGINIA M. EASON, AS ADMINISTRATRIX OF THE ESTATE OF EDWARD H. MILLER, DECEASED, APPELLEE

Fla. 2d DCA | 1969-02-05
No. 68-298
LILES, C. J., and PIERCE and MANN, JJ., concur.
218 So. 2d 194 Florida District Court of Appeal, Second District (1969)

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Holding

The court held that the county judge's finding of no common law marriage was supported by substantial evidence.


Facts & Procedural History

Following the decedent's death, his sister petitioned for administration. An alleged common law wife also petitioned to be appointed administratrix, c…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Edward H. Miller died intestate May 4, 1967. Thereafter his sister, Virginia M. Eason, petitioned for letters of administration. Subsequently, Hazel M. Miller filed *195her petition for revocation of letters of administration and petitioned that she be appointed administratrix of the estate, asserting her status as a common law wife of the decedent.

After a hearing, the county judge held that Hazel M. Miller was not the common law wife of the decedent and refused to revoke the letters of administration of Virginia M. Eason. This appeal followed.

The only point for this court’s consideration urged by appellant is that the court erred in finding that Hazel M. Miller was not the wife and surviving widow of Edward H. Miller, deceased. We have studied the briefs, record, and other matters pertaining to this cause and believe this to be simply a question of fact. The facts were before the county judge and, while they are in conflict, there is an abundance of evidence to support the county judge’s decision.

Affirmed.

LILES, C. J., and PIERCE and MANN, JJ., concur.


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