Dismuke v. C & S TRUST CO.

Benham, Justice.

Contending she was the common-law widow of the decedent, appellant Dena Dismuke sought to set aside the probate in solemn form of the will of the decedent, and to have the trial court make a judicial determination of the legal heirs of the decedent and their interests. She now appeals from an adverse judgment in which the trial court, after a bench trial, found that appellant had not proved the existence of a common-law marriage by a preponderance of the evidence, and that appellant was not an heir at law of the decedent.

The undisputed evidence shows that the decedent entered…