DOUGHERTY v. FEDERAL NATIONAL BANK & TRUST CO. OF SHAWNEE

No. 39560.

377 P.2d 963 (1962)

Wm. E. DOUGHERTY, Jr., as Administrator with Will Annexed of the Estate of Oda M. Housh, deceased, Plaintiff in Error, v. FEDERAL NATIONAL BANK AND TRUST COMPANY OF SHAWNEE, Shawnee, Oklahoma, a Banking Corporation, as Executor of the Estate of Earl C. Housh, deceased, and Federal National Bank and Trust Company of Shawnee, Shawnee, Oklahoma, as Trustee under the Last Will and Testament of Earl C. Housh, deceased, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied January 22, 1963.


Attorney(s) appearing for the Case

Harris Van Wagner, Shawnee, for plaintiff in error.

Thomas M. Stevens, Abernathy & Baker, Shawnee, for defendants in error.


HALLEY, Justice.

This case primarily involves the question of whether a judge of the District Court was correct when he directed the guardian of an incompetent to take under the will rather than under the laws of succession in a probate proceeding. The County Court had previously directed the guardian to elect to take under the laws of succession.

It appears that Oda Mayo and Earl C. Housh were married on or about...

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