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CULBERTSON v. McCANN

No. 58770.

664 P.2d 388 (1983)

Martha Jo McDonald CULBERTSON, Mary Laundblade, William McDonald, Robert McDonald, Baylass Morris McDonald, Jr., James McDonald, George McDonald, Michael McDonald, Mary Sue Jeffries, Colleen McDonald and Brian McDonald, Plaintiffs, v. George H. McCANN and M. Kathryn Wood, Defendants.

Supreme Court of Oklahoma.

As Corrected May 19, 1983.

Attorney(s) appearing for the Case

S. Paul Hammons, John J. Breathwit, Andrews, Davis, Legg, Bixler, Milsten & Murrah, Oklahoma City, for plaintiffs.

Robert W. Nelson, Ramey & Nelson, Yukon, for defendant, George H. McCann.

Michael C. Stewart, William J. Bergner, Stewart & Elder, Oklahoma City, for defendant, M. Kathryn Wood.

OPALA, Justice:

Certified to us under the Uniform Certification of Questions of Law Act, 20 O.S. 1981 § 1601 et seq., are the following first-impression questions:

"1. Does 58 Okla. Stat. § 496 prohibit an Executor from selling property of the estate which he represents to his sister, where the sale is otherwise not subject to objection? 2. If the answer to question 1 above is in the affirmative...

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