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In re Estate of Miller

District Court of Appeal of Florida, Second District
Feb 5, 1969
218 So. 2d 194 (Fla. Dist. Ct. App. 1969)

Opinion

No. 68-298.

February 5, 1969.

Appeal from the County Judge's Court for Pinellas County, Richard A. Miller, J.

John T. Ware, St. Petersburg, for appellant.

Elmore D. Harris, Gardner W. Beckett, Jr., of Nelson, Beckett, Nelson Thomas, St. Petersburg, for appellee.


Edward H. Miller died intestate May 4, 1967. Thereafter his sister, Virginia M. Eason, petitioned for letters of administration. Subsequently, Hazel M. Miller filed her 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.


Summaries of

In re Estate of Miller

District Court of Appeal of Florida, Second District
Feb 5, 1969
218 So. 2d 194 (Fla. Dist. Ct. App. 1969)
Case details for

In re Estate of Miller

Case Details

Full title:IN RE ESTATE OF EDWARD H. MILLER, DECEASED. HAZEL M. MILLER, ALSO KNOWN AS…

Court:District Court of Appeal of Florida, Second District

Date published: Feb 5, 1969

Citations

218 So. 2d 194 (Fla. Dist. Ct. App. 1969)