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SMITH v. SMITH

No. 39163.

365 P.2d 142 (1961)

Morris B. SMITH, Plaintiff in Error, v. Mae Reu SMITH, E.H. Stubbeman, Administrator with the will annexed of the Estate of Charles S. Smith, Deceased, Theople Pugh, Jean Griffith and Colbert Smith, Defendants in Error.

Supreme Court of Oklahoma.

September 26, 1961.

Attorney(s) appearing for the Case

V.P. Crowe, Val R. Miller, Embry, Crowe, Tolbert, Boxley & Johnson, Oklahoma City, Purman Wilson, Purcell, Haskell Paul, Pauls Valley, for plaintiff in error.

Luttrell & Luttrell, Norman, for defendants in error.

JOHNSON, Justice.

This is an appeal from a judgment of the District Court of McClain County, Oklahoma. The plaintiff in error was plaintiff in the trial court and will be referred to as such.

Charles S. Smith, the well-to-do father of plaintiff, took up residence in McClain County about 1900. He had two children by his first wife; a son, plaintiff herein, and a daughter, Mabel, who subsequently died leaving three...

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