Rufus C. Barkley, Jr., and Joseph G. Barkley, Individually, Etc. v. Emlyn Methvin Spence Barkley, Individually, Etc.

TUTTLE, Chief Judge.

This appeal presents the question whether a will leaving the entire personal property of a decedent in Florida, executed under a contract to execute such a will in favor of the children of the decedent, is effective to cut off the dower rights of the widow who married the decedent without notice of the will or the contract requiring its execution.

The decedent was Calvin Barkley who left a widow, Emlyn Barkley, and two sons, Rufus C. Barkley, Jr. and Joseph G. Barkley, the children of decedent and his former wife. The earlier marriage had been terminated by divorce in 1946.…