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HARDY v. CARNES

No. 36944.

294 P.2d 551 (1956)

Chas. W. HARDY, Administrator c/t/a of the Estate of Mary Brixey, Deceased, Walter Brixey, a Devisee, and Rose May Brixey, Judy Kay Brixey, Imogene Rose, Betty Brixey Burnett, now Patterson, Joan Brixey Banks, and Alnora Faye Brixey, Lineal Heirs of Elmer Brixey, a Devisee, Deceased, Plaintiffs in Error, v. Cora CARNES and Nora Brixey, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied March 6, 1956.

Attorney(s) appearing for the Case

H. Tom Kight, Jr., Holtzendorff & Holtzendorff, Claremore, F.V. Westhafer, Charles Skalnik, Tulsa, for plaintiffs in error.

Wilkerson & Wilkerson, Pryor, Bassmann & Gordon, Claremore, for defendants in error.

PER CURIAM.

This appeal involves the will of Mary Brixey, deceased, offered for probate in the County Court of Rogers County. Probate was first denied by the county court but on appeal was admitted by the District Court. On remand the county court proceeded to final decree from which appeal again was taken to the District Court.

The holographic will of decedent, a widow, reads as follows:

"November 3, 1950. "I am leaving all of my and C...

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