Melton v. Jenkins

THOMAS, Judge.

Melissa Melton appeals from a judgment of the Mobile Probate Court determining that Thomas Jenkins and Mary Melton were married at common law.

Mary Melton died on October 29, 2007. Melissa Melton, Mary’s daughter, was appointed by the-probate court as the personal representative of Mary’s estate on February 1, 2010. Jenkins then filed a claim for exemptions and claimed to be Mary’s surviving spouse by virtue of a common-law marriage. Melissa answered Jenkins’s motion, denying that Mary and Jenkins had been married at common law. In response, Jenkins moved the probate court to…