HUGHES v. FIDELITY BANK, N.A.

No. 53505.

645 P.2d 492 (1982)

Carole HUGHES, Sandra Zeitler, and Dr. Curt Cotton, Plaintiffs, (Appellants), v. The FIDELITY BANK, N.A., Executor and John Ervin, an individual, Charles Denny, Lewis A. Denny, Mrs. Earl Webber, Mrs. James P. Daniel, Mrs. William Duncan, and Mrs. Wilbur A. Martin, Defendants, (Appellees).

Supreme Court of Oklahoma.

April 6, 1982.


Attorney(s) appearing for the Case

Michael W. McCarrin, Pierce, Couch, Hendrickson, Johnston & Baysinger, Oklahoma City, for appellants.

V. Burns Hargis, Reynolds, Ridings & Hargis, Oklahoma City, for appellee, Lewis A. Denny and Mrs. James P. Daniel.

Leslie L. Conner, Jr., Ungerman, Conner, Little, Ungerman & Goodman, Oklahoma City, for appellee, Fidelity Bank, N.A., Executor and John Ervin.

Ken Hemry, Hemry & Hemry, Oklahoma City, for appellee, Mrs. Earl Weber, Mrs. William Duncan and Mrs. Wilbur A. Martin.

James M. Renegar, Oklahoma City, for appellee, Charles Denny.


BARNES, Vice Chief Justice.

Martha Denny Malone died May 4, 1973 leaving a will, which provided in part as follows:

"In the event both of my sisters, Julia M. Denny and Jenny G. Denny, predecease me, then and in that event, I give, devise and bequeath my entire estate to the living issue of my deceased brothers and sisters by right of representation and according to the law of descent and distribution of the State...

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