CAVETT v. PETERSON

Nos. 50962, 50961.

688 P.2d 52 (1984)

K. CAVETT, and The First National Bank and Trust Company of Oklahoma City, Oklahoma, A National Banking Association, as Trustees of the W.T. Hales Estate Trust, Appellees, v. Viva Oneta PETERSON, Hattie Belle Mullaly, William T. Hales, Jr., George A. Hales, Joe C. Campbell, Administrator of the Estate of Lucile Constance Campbell, deceased, Oneta Hales, T.J. Hales, W.F. Peterson, Jr., Oneta Childers, Carter Mullaly, Jr., Marylin Mullaly, Taylor Hales Mullaly, W.T. Hales, III, Garvene Hales, Marcia L. Hales, Allen H. Buck and Joseph C. Campbell, Jr., Minors, the First National Bank and Trust Company of Oklahoma City, Oklahoma, A National Banking Association, and K. Cavett, William T. Hales, Jr., and George A. Hales, as Trustees of the Hales Building and Investment Company, a Dissolved Oklahoma Corporation, Appellants.

Supreme Court of Oklahoma.

September 18, 1984.


Attorney(s) appearing for the Case

Granville Tomerlin (court-appointed trustee), Tomerlin & High, Oklahoma City, for appellants: Unknown and Unborn issue of W.T. Hales, who are or may be his Great Grandchildren, and as Guardian ad litem for Megan Mullaly, Ava Ericksen a/k/a Ava Erickson, Anga Ericksen a/k/a Anga Erickson, Hattie Belle Mullaly, Stein Ericksen a/k/a Stein Erickson; Unborn Issue of Allen Hales Buck, Jr., and Damien Buck a/k/a Damien C. Buck, Minors.

John H. Kennedy, Oklahoma City, for appellants: Joseph C. Campbell, Jr., Marcia Hales Radley, Kevin A. Moore, Keith H. Moore, and Christopher Moore; and John C. Moran, Court appointed trustee for the unknown and unborn issue of Kevin A. Moore, Keith H. Moore, Michael H. Moore, Christopher E. Moore, Scott C. Campbell, James P. Campbell, and Brian W. Campbell; and John C. Moran, as a Court appointed guardian and litem for Michael H. Moore, and William Campbell.

Spradling, Stagner, Alpern, Friot & Jones, Oklahoma City, for appellants: Allen Hales Buck, Jr. and Damien C. Buck.

Hastie & Kirschner, By Michael Paul Kirschner, and John W. Swinford, Jr., Oklahoma City, for appellees: The First National Bank and Trust Company of Oklahoma City and Ward Edinger, Co-Trustees of W.T. Hales Estate Trust.

Robert A. Reece, Patrick M. Ryan, Michael M. Stewart, Cynda C. Ottaway, of Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, and John A. Green, of Green & Brown, Inc., Oklahoma City, for appellees: Bill Peterson, Executor of the Estate of Viva Oneta Peterson, Deceased; Oneta Peterson Cadenhead, William F. Peterson, III, Rebecca Ann Peterson Smith, Linda McGavran, Viva Young, John Cadenhead, Kim Brown Lewis, Paul Marble, and W.T. Hales, Jr.


HARGRAVE, Justice.

This appeal arises from a Journal Entry of February 24, 1977, as corrected by a nunc pro tunc order of April 7 of that year, concerning a third amended petition to construe the trust of the late W.T. Hales filed by Ward Edinger and the First National Bank and Trust Company, Trustees. This petition pled the trust was required to hold certain property until the demise of the last surviving child of Mr. Hales...

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