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MATTER OF ESTATE OF ALLEN

No. 51708.

607 P.2d 716 (1980)

In the Matter of the ESTATE of James Lawson ALLEN, Deceased.

Court of Appeals of Oklahoma, Division 1.

Released for Publication March 6, 1980.

Attorney(s) appearing for the Case

Love, Beal & Johnson by Claude E. Love, Oklahoma City, for appellant.

C. Craig Cole and Gary L. Morrissey, Oklahoma City, for appellee.

Released for Publication by Order of Court of Appeals March 6, 1980.

ROMANG, Judge:

A Texas Father died creating two equal testamentary trusts for his two surviving sons. The trustee was a Missouri commercial trust company. Under his will the trustee was to pay income to the beneficiary with discretion in the trustee to invade the principal where "proper to maintain the health of the beneficiary." At the death of the first of the two sons the trustee was to...

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