In Re Estate of Parker

The opinion of the court was delivered by

Fontron, J.:

Emma E. Blalock Parker, also known as Emma E. Parker and as Emma E. Blalock, died testate September 27, 1963. Her will was admitted to probate December 18, 1963, and William L. Harrington, a brother and one of the residuary devisees under the will, was appointed executor.

Subsequently, Milton M. Parker, claiming to be the common-law husband of the testatrix, filed an election not to take under the will but to take under the law as the surviving husband. For convenience, Mrs. Parker, or Blalock, will be referred to herein as Emma, and Mr.…