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TURNER v. FIRST NAT. BANK & TRUST CO. OF MUSKOGEE

No. 35800.

262 P.2d 897 (1953)

TURNER et al. v. FIRST NAT. BANK & TRUST CO. OF MUSKOGEE et al.

Supreme Court of Oklahoma.

Rehearing Denied November 10, 1953.

Attorney(s) appearing for the Case

J. Eben Hart, Oklahoma City, Forrester Brewster, Muskogee, for plaintiffs in error.

George W. Leopold, Muskogee, for defendant, First Nat. Bank & Trust Co., Muskogee, executor.

Julian B. Fite, Muskogee, for Bacone College and Bertha B. Morgan, defendants in error.

Charles A. Moon, Earl Boyd Pierce and Thomas L. Gibson, Muskogee, amici curiae.

HALLEY, Chief Justice.

This case involves a construction of section 44, Title 84, O.S. 1951, commonly referred to as the "Forced Heir Statute." The facts are unusual in that here the surviving spouse was hopelessly insane and incapable of making an election to take under the will of her deceased husband or under the law of succession as provided in section 213(5), Title 84, O.S. 1951.

Fred E. Turner died January 1, 1950, while a resident of Muskogee County...

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