In Re Cummings Estate

ROWLEY, Judge:

Kenneth Cummings (appellant), who is one of the brothers of decedent, appeals from the judgment entered in favor of Patricia Schwartz Cummings (Patricia), appellee, for a statutory share of the decedent’s estate as his surviving common-law wife. Appellant is named both as a beneficiary and the executor of the estate in decedent’s last will and testament. The only question before us is whether the trial court erred in determining that a common-law marriage existed between appellee and the decedent. Upon a thorough review of the record in this case, we reverse.

Rodney J. Cummings…