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MASON v. MOHS

No. 36113.

285 P.2d 219 (1955)

Merritt C. MASON, Executor; Hannah Winters, Charles Wagner, Ida White and John Koppitz, Administrator of the Estate of Marie (Mary) Koppitz, Deceased (in lieu of John Koppitz, as Guardian of Marie Koppitz, an Incompetent Person), Proponents, Plaintiffs in Error, v. George MOHS, Guardian of Caroline Schroeder, an Incompetent Person; and W.W. Wagner, et al., Contestants, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied July 5, 1955.

Attorney(s) appearing for the Case

V.P. Crowe, Val R. Miller, Embry, Johnson, Crowe, Tolbert & Boxley, Oklahoma City, Mauntel & Doolin, C.E. Wilhite, Alva, Elam & Crowley, Enid, for plaintiffs in error.

Charles Hill Johns and Gomer Smith, Jr., Oklahoma City, Hadwiger & Hadwiger, Alva, for defendants in error.

WELCH, Justice.

After order of County Court admitting the will of Theodore Wagner to probate, a contest was filed by George Mohs, guardian of Caroline Schroeder, an incompetent (a sister of Theodore Wagner, deceased), and W.W. Wagner, a nephew of Theodore Wagner. Contestants alleged that Theodore Wagner was incompetent to make a will, and that the purported will was void for lack of proper execution, and that the material...

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