RODKEY v. REES

No. 46712.

527 P.2d 1150 (1974)

Ada S. RODKEY, Appellee, v. Eloise Jeanne REES, Trustee under the Will of Earl A. Rodkey, Deceased, et al., Appellants.

Court of Appeals of Oklahoma, Division No. 2.

Released for Publication October 31, 1974.


Attorney(s) appearing for the Case

W. Custer Service, Edmond, for appellee.

Jerome E. Hemry, Hemry & Hemry, Oklahoma City, for appellants.


Released for Publication by Order of Court of Appeals October 31, 1974.

BRIGHTMIRE, Presiding Judge.

The unprecedented question here is whether the request of a co-tenant to partition certain lands must be denied because her co-tenant is a testamentary trustee who during the term of the trust is "not authorized or empowered to sell, transfer or dispose of any real property."

We hold it must and therefore...

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