In re Estate of Buttrick

The legal questions before us are how a community reputation is established and, more specifically, whether, utilizing a “plainly erroneous” standard, the trial record supports the probate court’s determination that the petitioner and Mr. But-trick were generally regarded in the community to be husband and wife. Because I disagree with my colleagues that the evidence supports a finding that the petitioner and decedent were reputed to be husband and wife, i.e. married, I must respectfully dissent.

Since the issue presented is fact-based, a summary of the trial evidence and findings of the…