Boswell v. Boswell

Gerald Boswell, executor of the estate of S.C. Boswell, appeals from a final judgment holding that Appellee, Marjorie Boswell, by virtue of common law marriage to S.C. Boswell, was the widow of S.C. Boswell and, thus, was entitled to the statutory allotments due a widow in Alabama. We affirm.

The trial court, after hearing testimony without a jury, entered a final decree, which reads, in part:

"Marjorie brings this action to obtain the allotments due a widow. The Executor of the Estate of S.C. Boswell objects upon the ground that Marjorie is not the widow of S.C.

"The conflict in the evidence…