Gillaspie v. E. W. Blair Construction Co.

The opinion of the court was delivered by

Fatzer, J.;

In this workmen’s compensation case the claimant, Pearl Gillaspie, sought death benefits on account of the death of Clyde J. Gillaspie, Claim was also made by three minor children, Jerry C. Gillaspie, born April 10, 1943, Roger Gillaspie, born May 3, 1944, and Donna L. Gillaspie, born May 31, 1946.

The appellant-respondents do not challenge the right of the three minor children to compensation but contend that Pearl Gillaspie was not the legal widow of the decedent within the meaning of the workmen’s compensation act. (G. S. 1949, 44-508…