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ELKINS v. HARDIN

No. 37717.

327 P.2d 468 (1958)

Will ELKINS et al., Plaintiffs in Error, v. James L. HARDIN et al., Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied July 2, 1958.

Attorney(s) appearing for the Case

J.C. Pinkerton, Tulsa, for plaintiffs in error.

C.R. Thurlwell, Tulsa, for defendants in error.

H.J. Swarts, Tulsa, for the Estate of Carrie Mae Elkins, Deceased.

JACKSON, Justice.

This appeal presents a controversy between two sets of heirs which controversy will be determined by a proper construction of the joint industry proviso of the intestate succession statute (84 O.S. 1951 § 213) which provides as follows:

"* * * Provided, that in all cases where the property is acquired by the joint industry of husband and wife during coverture, and there is no issue, the whole...

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