In Re the Estate of Alcorn

This is an appeal from the Eighth Judicial District Court, Cascade County. Appellant Robert A. Alcorn (Robert), as personal representative of his father’s estate, appeals the District Court’s determination that a common-law marriage existed between respondent Kathee Melinda Young (Kathee) and Fred “Fritz” Alcorn (Fred), the decedent. In this matter of probate, Kathee asserted rights to an elective share of the augmented estate, a homestead allowance, an exempt property allowance and a family allowance. Robert appeals.

Fred and Kathee met on August 27,1981, at Metra Park, a horse racetrack in…