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IN RE ESTATE OF FOLEY

No. 46566.

531 P.2d 1075 (1974)

In the Matter of the ESTATE of Connie E. FOLEY, Jr., a/k/a C.E. Foley, Jr., Deceased. Marshall R. FOLEY et al., Appellants, v. Normajean SELLERS, Appellee.

Court of Appeals of Oklahoma, Division No. 1.

Rehearing Denied August 13, 1974.

Certiorari Denied February 11, 1975.

Attorney(s) appearing for the Case

Kenneth W. Lackey, Eufaula, for appellants.

James R. Eagleton, Charles L. Follansbee (deceased), W.L. Eagleton, Tulsa, for appellee.

Released for Publication by Order of the Court of Appeals.

ROMANG, Judge:

The sole beneficiary under the deceased's will was Normajean Sellers. The will was upheld following a contest on grounds of lack of testamentary capacity of the deceased and undue influence by the beneficiary. Salient parts of the findings of facts adopted by the trial court present the aspects of this case significant to this appeal:

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