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HAYHURST v. HAYHURST

Nos. 41514, 41579.

421 P.2d 257 (1966)

Fannie HAYHURST, Plaintiff in Error, v. Archie HAYHURST, Orley Hayhurst, Annie Hayhurst, Archaline Hayhurst, Sadie Louise Hayhurst Akins, the unknown heirs, executors, administrators, devisees, trustees and assigns, immediate and remote, of H.H. Hayhurst, deceased, and the State of Oklahoma, Defendants in Error. Sadie Louise Hayhurst AKINS, Plaintiff in Error, v. Orley HAYHURST, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied December 13, 1966.

Attorney(s) appearing for the Case

Erwin & Erwin, Chandler, for plaintiff in error Fannie Hayhurst.

John W. Taber, Chandler, for defendant in error Orley Hayhurst.

William A. Vassar, Chandler, for defendants in error Archie Hayhurst, Annie Hayhurst, Archaline Hayhurst and Sadie Louise Hayhurst Akins; and for last named party as plaintiff in error in No. 41,579.

JACKSON, Vice Chief Justice:

In May, 1932, H.H. Hayhurst executed a will in proper form which, omitting formal parts, provided as follows (spacing, punctuation, etc., as in the original will):

(2) I give, devise and bequeath, to my beloved wife, Fannie Hayhurst, the following described property, to wit: All of the Northwest Quarter of Section 7, Township 16, Range 4 East containing 160 acres more or less...

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