Matter of Estate of Swinson

BRASWELL, Judge.

The main issue is whether Eudora Holmes Swinson was the lawful wife of Richard Swinson, Jr., so as to be qualified to dissent from his will at his death. For the reasons stated below we hold that she was lawfully married to Richard Swinson, Jr., that as his widow she could and did dissent, and that the dissent is valid as a matter of law on the facts of this case.

On 3 July 1981 Richard Swinson, Jr., died testate. On 29 July 1981 his will was admitted to probate. The will made no provision for Eudora Holmes Swinson. She filed a dissent on 2 September 1981.

Richard Swinson, Jr.…