Downs v. Newman

The Montgomery County Circuit Court, after receiving ore tenus evidence, revoked the letters of administration on the estate of Lawrence Jones, deceased, which had been previously granted to Beverly F. Downs. The trial court found that at the time of Jones's death, he was the husband of Eva Newman by common-law marriage. The trial court further found that Newman, as the widow of Jones, was entitled to priority in the grant of letters of administration for his estate in accordance with § 43-2-42, Code 1975. Downs appeals. We affirm.

The ore tenus rule is our standard of review. We assume that…