IN RE WILL OF DIMICK

No. 46742.

531 P.2d 1027 (1975)

In the Matter of the Testamentary Trust created by the Last WILL and Testament of W.T. DIMICK, Deceased.

Supreme Court of Oklahoma.

January 28, 1975.


Attorney(s) appearing for the Case

James A. Kirk, Linn, Helms & Kirk, Oklahoma City, for appellants, James W. Burns and Pauline Ellendorff.

Ralph G. Thompson, Oklahoma City, and Grisham, Vandenberg, Nott & Conway by Chris R. Conway, Long Beach, Cal., for appellee, Peter P. Pepper, as Administrator of the Estate of Dorothy G. Pepper.


DAVISON, Justice:

The last will and testament of W.T. Dimick, deceased, was admitted to probate by the County Court of Oklahoma County, Oklahoma, on February 26, 1954. It created a testamentary trust for the benefit of his wife, Pauline Dimick, and for the benefit of his two daughters, Rose Burns and Dorothy G. Pepper. Insofar as pertinent herein, the will provided, in paragraphs IX and X thereof, as follows:

"IX...

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