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SHIPPY v. ELLIOTT

No. 37274.

327 P.2d 645 (1958)

Artie E. SHIPPY, Plaintiff in Error, v. George L. ELLIOTT; and Hubert L. Elliott, individually, and as executor of the last will and testament of Alice Kate Elliott, deceased, and Frank D. Elliott, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied June 17, 1958.

Application for Leave to File Second Petition for Rehearing Denied July 15, 1958.

Attorney(s) appearing for the Case

Wilson & Wilson, Enid, for plaintiff in error.

J. Wilford Hill, Bill Ginder, Cherokee, for defendants in error.

Wilson & Wilson, Enid, for cross-petitioner, George L. Elliott.

HALLEY, Justice.

This is an appeal from the judgment of the District Court of Alfalfa County holding that the will of Samuel A. Elliott, deceased, vested in his surviving wife, Alice Kate Elliott, a fee title to a tract of land in that County, so that she could dispose of such land by conveyance or by her will. It is necessary to construe the will of Samuel A. Elliott, the pertinent provisions of which are as follows:

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