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BLYTHE v. BLYTHE

No. 5-4057.

410 S.W.2d 379 (1967)

Lucille BLYTHE, Appellant, v. Libby Jo Fields BLYTHE, Appellee.

Supreme Court of Arkansas.

January 16, 1967.

Attorney(s) appearing for the Case

Johnston & Martin, Morrilton, for appellant.

Gordon & Gordon, Morrilton, for appellee.

GEORGE ROSE SMITH, Justice.

James A. Blythe was married three times. After his death in 1965 his first wife, the appellant Lucille Blythe, asserted that she and James were never divorced. On that basis she claimed dower and allowances as his lawful widow. Evatt v. Miller, 114 Ark. 84, 169 S.W. 817, L.R.A.1916C, 759 (1914). The probate judge rejected that claim, finding that James's third wife, the appellee Libby Jo Fields Blythe, was his lawful widow.

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