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IN RE FELGAR'S ESTATE

No. 36046.

272 P.2d 453 (1954)

In re FELGAR'S ESTATE. RETSCHLAG et al. v. SMALLEY et al.

Supreme Court of Oklahoma.

Rehearing Denied July 13, 1954.

Attorney(s) appearing for the Case

Harry T. Coffman, Lyndon, Kan., John F. Jones, Tulsa, and Homer Cowan, Norman, for plaintiffs in error.

T.R. Benedum, Norman, for defendant in error, Della Rohrbough.

Paul W. Updegraff, Norman, for defendant in error, Joe A. Smalley, Administrator of the estate of Etta J. Felgar, deceased.

O'NEAL, Justice.

This appeal presents the following questions: (a) Are first cousins entitled to inherit one-half of deceased's residue estate to the exclusion of second cousins; (b) is the sole heir of the deceased's husband entitled to take one-half of the residue estate of the deceased; and (c) under the statute of succession, Title 84 O.S. 1951 § 213, do heirs take under Subd. 2 or under Subd. 6?

Upon the filing of the Final Report and Petition for...

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