Horton Estate

Opinion by

Mr. Justice Patterson,

John B. Horton died August 23, 1944, leaving a will dated March 10, 1944, wherein his son, Napoleon Horton, appellant, was named executor of his estate. Willie May Horton, appellee, claiming to be the widow of de cedent by reason of a common law marriage, filed her election to take against the will. Napoleon Horton, as executor of the estate, filed an answer to the notice of election to take against the will, asserting that appellee was not the wife of John B. Horton and, therefore, not his widow and not entitled to her widow’s election. After hearing, the…