Barger v. Barger

On this appeal, a widow challenges, on equal protection grounds, the constitutionality of the gender-based classifications found in the Widow's Separate Estate Statute (Code 1975, § 43-5-3), the Widow's Share of Personalty Statute (Code 1975, § 43-3-10), and the Widow's Share of Realty Statute (Code 1975, § 43-5-2).

Frank Moody Barger died on April 11, 1978, owning real and personal property. His son, Dewey E. Barger, who was named executor in the will, filed a petition to probate his late father's will and the will was admitted to probate on May 26, 1978. On June 29, 1978, Juanita Barger, the…