Byrd v. McKinnon

Banke, Presiding Judge.

The appellants bring this appeal from the denial of their caveat to an application for a year’s support which was filed by the appellee as the surviving spouse of the appellants’ deceased mother. The appellee and the decedent had been married for 28 years prior to her death. The appellants are the decedent’s three children from a prior marriage. Each was already over 18 years of age at the time of their mother’s marriage to the appellee.

At issue in this appeal is whether the trial court erred in awarding to the appellee the decedent’s one-half interest in the marital…