LOMON v. CITIZENS NAT. BANK & TRUST

No. 59615.

689 P.2d 306 (1984)

Sarah Jo LOMON, Ruby Alice Nye and Robert E. Kent, Appellants, v. The CITIZENS NATIONAL BANK & TRUST OF MUSKOGEE, Executor of the Estate of Ruby Fullerton, Deceased, Olive Vaughn, James L. Callahan, James L. Callahan, Jr., Lisle G. Kendall, Michael Kendall Callahan and Patrick Lee Callahan, Appellees.

Supreme Court of Oklahoma.

As Corrected October 15 and November 1, 1984.


Attorney(s) appearing for the Case

James Bishop, Graydon Dean Luthey, Jr., Jones, Givens, Gotcher, Doyle & Bogan, Inc., Tulsa, for appellants.

Joe R. Kennedy, Kennedy, Kennedy, Wright & Stout, Muskogee, for appellees.


DOOLIN, Justice.

The issue presented is whether the decedent's will directs the payment of estate taxes from her residuary estate rather than apportioned among those taking under the will, as prescribed by statute.

Ruby Fullerton died testate on March 21, 1981. In the course of the administration of her estate, the Executor appointed pursuant to her will, the Citizen's National Bank and Trust Company of Muskogee,...

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