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CARDWELL v. DAUBE

No. 40070.

377 P.2d 966 (1963)

Tom CARDWELL, Roy Pettit and W. C. Wright, as Co-Executors and Co-Trustees under the Will of Leon Daube, Deceased, Plaintiff in Error, v. Olive H. DAUBE, individually and as Co-Executrix and Co-Trustee under the Will of Leon Daube, Deceased, et al., Defendants in Error.

Supreme Court of Oklahoma.

As Amended January 22, 1963.

Attorney(s) appearing for the Case

Lytle, Soule & Emery, Oklahoma City, for plaintiffs in error.

Otey, Johnson & Evans, Geo. N. Otey, James W. Williams, Ezra Dyer, Ardmore, for defendants in error.

BLACKBIRD, Chief Justice.

This appeal concerns the interpretation of certain trust provisions of the will of Leon Daube, deceased, hereinafter referred to as "testator".

The provision of the testator's will concerning its various subjects are set forth in sections thereof, labeled "Items", which said items are numbered "One", "Two", "Three", etc. After directing payment of his debts, expenses of last illness and burial...

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