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HOWARD v. SMITH'S ESTATE

No. 38155.

344 P.2d 260 (1959)

Geneva HOWARD, the duly appointed, qualified, and acting administratrix of the Estate of Commodore Perry Smith, deceased, Plaintiff in Error, v. ESTATE of Commodore Perry SMITH, deceased, Inez Wilson and Sybil Keeton, Defendants in Error.

Supreme Court of Oklahoma.

September 15, 1959.

Attorney(s) appearing for the Case

R. Kay Matthews, Atoka, Oklahoma, Allen G. Nichols, R.D. Cox, Wewoka, for plaintiff in error.

Paul & Montgomery, Durant, for defendants in error.

HALLEY, Justice.

Commodore Perry Smith was a blacksmith at Caney, Oklahoma. On the morning of March 17, 1947, he went to the grocery store of A.D. Phillips in Caney and asked Mr. Phillips to prepare a will for him which Mr. Phillips did. A man by the name of O.H. Fryer also a resident of the town was in the Phillips' store at the time. He overheard enough of the conversation between Smith and Phillips to know that Phillips...

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