Legal Opinion

In re Estate of LeGrand

Court of Appeals of Georgia

Decided December 31, 2002No. A03A0248Published

1Opinion of the Court

Blackburn, Chief Judge.

Following the probate court’s determination that he was not the common-law husband of the decedent, Myrtle Jane LeGrand, and was not entitled to year’s support, Thomas Royst Sutley appeals, arguing that the probate court improperly weighed the conflicting evidence and applied the wrong legal standard when considering it. We find otherwise on both issues and affirm.

Whether a man and a woman have entered into a common-law marriage is a question of fact. Edwards v. Edwards.1 “When the alleged marriage is unlicensed and nonceremonial, the burden is on the proponent to prove…

2Cases cited6 opinions

  1. Wigley v. HambrickCourt of Appeals of Georgia · 1989
  2. In Re Estate of WilsonCourt of Appeals of Georgia · 1999
  3. Simeonides v. ZervisCourt of Appeals of Georgia · 1972
  4. Edwards v. EdwardsCourt of Appeals of Georgia · 1988
  5. Baynes v. BaynesCourt of Appeals of Georgia · 1996

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