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HUBBELL v. HOUSTON

No. 41407.

441 P.2d 1010 (1967)

Harry Houston HUBBELL and David L. Fist, as co-executors of the Will of Andrew Jackson Hamel, Deceased, and Harry Houston Hubbell, Individually, Plaintiffs in Error, v. Mary Jane HOUSTON and Pearl Whiteside, Defendants in Error. Mary Jane HOUSTON and Pearl Whiteside, Plaintiffs in Error, v. Harry Houston HUBBELL and Henry L. Fist, Individually, and Harry Houston Hubbell, and David L. Fist, as co-executors of the Estate of Andrew Jackson Hamel, Deceased, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied May 28, 1968.

Attorney(s) appearing for the Case

C.H. Rosenstein, Aaron Mesirow, David L. Fist, Tulsa, for Harry Houston Hubbell and David L. Fist.

John A. Cochran, Tulsa, for Harry Houston Hubbell, individually, Rosenstein, Mesirow, Livingston, Fist & Ringold, Tulsa, of counsel.

Tucker, Boyd & Parks, Spillers & Spillers, Tulsa, for Mary Jane Houston and Pearl Whiteside.

LAVENDER, Justice.

On May 22, 1964, Andrew Jackson Hamel executed an instrument designating it his last will and testament. He had no wife or children, his wife having predeceased him more than a year before. His nearest relatives were brothers and sisters, nieces and nephews. Two of his nephews lived in Tulsa, where he also had resided for a number of years. One of the nephews, Houston Hubbell, was made the sole devisee...

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