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WINN v. DOLEZAL

No. 38124.

355 P.2d 859 (1960)

Evelyn WINN, Rudolph Dolezal and Edward Dolezal, also known as Frank Dolezal, Jr., Plaintiffs in Error, v. Fred DOLEZAL, as Executor of the last Will and Testament of Frank Dolezal, Deceased; Fred Dolezal, individually, Emil Dolezal; and Charles Dolezal, Defendants in Error.

Supreme Court of Oklahoma.

As Amended July 11, 1960.

Rehearing Denied October 4, 1960.

Attorney(s) appearing for the Case

Virgil M. Shaw, El Reno, Bulla, Melone, Meister & Sheehan, Oklahoma City, and Louis H. Roth, Jamaica, N.Y., for plaintiffs in error.

R.J. Kintz, Yukon, and Porta & Weaver, El Reno, for defendants in error.

PER CURIAM.

Frank Dolezal died testate and his will was admitted to probate. Within the time allowed by statute, Evelyn Winn, Rudolph Dolezal and Edward Dolezal contested the will on the ground that the testator was, at the time of the execution of the will, laboring under the insane delusion that they (the contestants) were not his children. The County Court denied the contest. On appeal to the District Court, where the...

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