Matter of Estate of Hendrickson

The opinion of the court was delivered by

McFarland, J.:

Ruby M. Hendrickson filed proceedings to probate the estate of her deceased common-law husband, Delbert P. Hendrickson. Decedent’s children, Gene R. Hendrickson and Judy L. Martin, contested Ruby’s status as the widow of the decedent. The magistrate court held in favor of Ruby. The district court, on appeal, held Ruby had failed to carry her burden of proof to establish the existence of the common-law marriage. The Court of Appeals affirmed the district court in an unpublished opinion filed May 25, 1990. The matter is before us on…