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BLACKWELDER v. NAYLOR

No. 42648.

439 P.2d 202 (1967)

P.W. BLACKWELDER, Edwin Milton Good and Anna L. Crouch, Plaintiffs in Error, v. Chester NAYLOR, Executor of the Last Will and Testament of Ava M. Blackwelder, Deceased, Defendant in Error.

Supreme Court of Oklahoma.

October 27, 1967.

Attorney(s) appearing for the Case

Frank E. Hensley, Tryon, Sweet & Hensley, Guymon, for plaintiffs in error.

Vincent Dale, Dale, Dale & Belanger, Guymon, Charles Vance, Vance, Hobble, Nordling & Sharp, Liberal, Kan., for defendant in error.

LAVENDER, Justice.

This cause comes on for adjudication on the motion to dismiss by the defendant in error and the responsive application thereto by the plaintiff in error. The ground for said motion is that these proceedings were not commenced within the time provided for by statute.

The case made attached to the petition in error was settled in the court below on June 22, 1967. The petition in error with case made...

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