BROWN v. ALLEY, 384 P.3d 496

Rhonda Brown and Bobby Joe Brown, Jr. were ceremonially married in 1996, separated years later, and never obtained a judicial divorce.
Bobby began a long-term cohabiting relationship with Ami Alley around 2004; Alley claimed a common-law marriage and was named personal representative after Bobby’s 2013 death.
Rhonda later participated in a 2012 ceremonial marriage to Jimmy Treece, which she described at trial as a ‘‘sham’’ done to help Treece; a marriage certificate was introduced.
Rhonda petitioned to revoke Alley’s letters of administration, claiming she remained Bobby’s surviving spouse; the trial court denied relief on estoppel grounds, finding Rhonda’s conduct indicated her marriage to Bobby had ended.
The Oklahoma Court of Civil Appeals affirmed; the Oklahoma Supreme Court granted certiorari and affirmed the lower courts, applying equitable estoppel and relying on In re Estate of Allen.

Issue	Plaintiff's Argument (Rhonda)	Defendant's Argument (Alley)	Held
Whether Rhonda is estopped from claiming status as decedent’s surviving spouse and appointment as personal representative	Rhonda argued she remained legally married to Bobby (no judicial divorce) and thus has prior right to appointment	Alley argued Rhonda’s actions (separation, public cohabitation of Bobby with Alley, and Rhonda’s 2012 ceremonial marriage) barred Rhonda by estoppel from asserting surviving-spouse status	Court held Rhonda is estopped from asserting surviving-spouse status and denied her petition to revoke Alley’s letters of administration
Whether the existence/validity of Bobby and Alley’s common-law marriage defeats Rhonda’s claim	Rhonda disputed the common-law marriage evidence and maintained Bobby remained her husband	Alley asserted she and Bobby met the clear-and-convincing proof required for a common-law marriage and that Rhonda acquiesced or was silent during probate	Court accepted trial court’s factual finding that Alley and Bobby met common-law marriage criteria (and emphasized deference to factfinder), but disposition rested primarily on estoppel rather than resolving title of marriage definitively

In re Estate of Allen, 738 P.2d 142 (Okla. 1987) (applying equitable estoppel to bar a separated spouse from claiming surviving-spouse rights after extended silence and subsequent cohabitation/marriage-like conduct)
In re Estate of Carlson, 367 P.3d 486 (Okla. 2016) (standard of review in probate—trial court’s factual findings afforded deference)
In re Estate of Holcomb, 63 P.3d 9 (Okla. 2002) (probate factual-review principles)
Mueggenborg v. Walling, 836 P.2d 112 (Okla. 1992) (elements and clear-and-convincing standard for establishing common-law marriage)
Whitney v. Whitney, 134 P.2d 357 (Okla. 1942) (plural marriages are void and do not confer marital rights)