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MOORE v. McALESTER

No. 41673.

428 P.2d 266 (1967)

Hazel Barnes MOORE, now Crowson, Plaintiff in Error, v. James Troy McALESTER, J.J. McALESTER, Rebecca McAlester Olinger, C.L. Priddy, Executor of the Estate of Mary B. McAlester, deceased, Lura McAlester Phelps, Jo Ann Capps, John F. Capps, Defendants in Error.

Supreme Court of Oklahoma.

As Corrected May 11, 1967.

Attorney(s) appearing for the Case

Stanley B. Catlett, Oklahoma City, Eugene N. Catlett, Houston, Tex., for plaintiff in error.

Charles B. Tucker, McAlester, for defendant in error, Rebecca McAlester Olinger.

Gotcher & Gotcher, James E. Gotcher, McAlester, for defendant in error, James T. McAlester.

Robert A. Layden, McAlester, for defendant in error C.L. Priddy, Executor of the Estate of Mary B. McAlester, Deceased.

George L. Hill, A. James Gordon, McAlester, for defendant in error Lura McAlester Phelps.

Arnote, Bratton & Allford, Walter J. Arnote, McAlester, for defendant in error James J. McAlester, Jr.

JACKSON, Chief Justice.

This is an appeal in a probate matter which involves a construction of the will of J.J. McAlester, deceased. A brief summary of the rather involved litigation preceding the appeal is necessary.

McAlester died in September, 1920, leaving surviving him a daughter and two sons, and his will was presented for probate in the County Court of Pittsburg County about a week later. Despite a contest...

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