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MATTER OF ESTATE OF DOAN

No. 61183.

727 P.2d 574 (1986)

In the Matter of the ESTATE OF Mabel Clare DOAN, Deceased. The YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER TULSA, a corporation, Appellant, v. The FIRST NATIONAL BANK AND TRUST COMPANY OF TULSA, Executor of the Estate of Mabel Clare Doan, Deceased; the First National Bank and Trust Company of Tulsa, Oklahoma, as Trustee of the Meredith Sonny Gray Trust; the First National Bank and Trust Company of Tulsa, Oklahoma, as Trustee of the Tulsa Foundation, Appellees.

Supreme Court of Oklahoma.

As Corrected April 24, 1986.

Attorney(s) appearing for the Case

Houston & Klein, Inc. by James R. Eagleton, E. John Eagleton, and Marc F. Conley, Tulsa, for appellant.

Jones, Givens, Gotcher, Doyle & Bogan, Inc. by James E. Bishop, and Graydon Dean Luthey, Jr., Tulsa, for appellee First Nat. Bank and Trust Co. of Tulsa, Executor of the Estate of Mabel Clare Doan, Deceased.

Conner, Winters, Ballaine, Barry & McGowen by John S. Athens, J. Denny Moffett, and Holley Nielson Keaton, Tulsa, for appellee First Nat. Bank and Trust Co. of Tulsa, Okl., as Trustee of the Meredith Sonny Gray Trust.

Conner, Winters, Ballaine, Barry & McGowen by Henry G. Will, Tulsa, for appellee First Nat. Bank and Trust Co. of Tulsa, Okl., as Trustee of the Tulsa Foundation.

HODGES, Justice.

This is an appeal from a judgment holding the doctrine of equitable apportionment of estate taxes does not apply to charitable bequests in the will of Mabel Clare Doan where there is clear and unambiguous language disclosing testatrix' intent to preclude its application.

The two issues dispositive on appeal are: (1) whether an income beneficiary of a bequest to a community trust has standing to bring an action on the construction of the will...

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