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COOK v. MORRISON

No. 33411.

202 Okla. 693 (1950)

217 P.2d 810

COOK et al. v. MORRISON et al.

Supreme Court of Oklahoma.

April 25, 1950.

Attorney(s) appearing for the Case

Elam, Crowley & Musser, of Enid, for plaintiffs in error.

E. Blumhagen and Clyde E. Robinson, both of Watonga, for defendants in error Velma Cook, Executrix of the Estate of Ralph Cook, deceased; Velma Cook and Jennie Whitaker.

R.H. Morgan, of Watonga, for defendants in error Wesley Ward Morrison, Jr., Executor of the Estate of Frances L. Holmes, deceased; and Wesley Ward Morrison, Jr.

Simons, Simons, Mitchell & Headrick, of Enid, for defendant in error Carrie Roth.

LUTTRELL, J.

Plaintiffs, James P. Cook, Jane Landfair, Mrs. George N. Holdcroft and R.H. Small, filed this action in the district court of Blaine county on May 29, 1947, seeking to vacate a judgment of that court in a will contest appealed from the county court of Blaine county. The defendants filed demurrers to the petition on the ground that it failed to state facts sufficient to constitute a cause of action against them, the demurrer of one defendant stating as...

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