MATTER OF ESTATE OF BOVAIRD

No. 55427.

645 P.2d 500 (1982)

In the Matter of the ESTATE OF Davis D. BOVAIRD, Deceased. William J. BOVAIRD, Ruthanna Bovaird Snow, and Mary Florence Bovaird Stark, children, heirs, devisees, and residuary legatees of Davis D. Bovaird, Appellants, v. Florence H. BOVAIRD, widow of Davis D. Bovaird, Appellee.

Supreme Court of Oklahoma.

April 6, 1982.


Attorney(s) appearing for the Case

Robert G. White, III of Boesche, McDermott & Eskridge, Tulsa, for appellants.

Philip S. Haney, Tulsa, for appellee.


DOOLIN, Justice:

The issue dispositive of this appeal is: May a surviving spouse who elects to take against the will of her husband, be required to contribute to the federal estate tax? We answer in the negative.

Davis Bovaird died in 1979, leaving his wife and three children. Declaring she had ample means in her own right, the decedent intentionally made no provision in his will for his wife except for certain specific...

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