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  5. 676 P.2d 1379 (1983)
 

ESTATE OF SMART v. SMART

No. 59735.

676 P.2d 1379 (1983)

In the Matter of the ESTATE OF Harold D. SMART, Deceased, Gerald W. Smart, individually, and as the Executor of the estate of Harold D. Smart, Deceased, and Mrs. Dana Lupfer, Appellants, v. Gwendolyn S. SMART, Appellee.

Court of Appeals of Oklahoma, Division No. 2.

Rehearing Denied October 20, 1983.

Certiorari Denied February 7, 1984.

Released for Publication February 17, 1984.

Attorney(s) appearing for the Case

John R. Green, Michael P. Sullivan, Leach, Sullivan, Green & Buxton, Duncan, for appellants.

Jonathan W. Burch, Burch & Burch, Victor C. Wood, Jr., Oklahoma City, for appellee.

Released for Publication by Order of Court of Appeals February 17, 1984.

BACON, Presiding Judge.

This appeal involves an ancillary probate proceeding in Jefferson County, Oklahoma, for a deceased California resident. The trial court ruled that decedent's common law wife could elect to take her forced heir share of decedent's Oklahoma property. Decedent's children appeal from that ruling.

The pertinent facts necessary to resolve this case are undisputed...

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