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IN RE ESTATE OF BLEEKER

No. 102,936.

168 P.3d 774 (2007)

2007 OK 68

In the Matter of the ESTATE OF Joseph Odell BLEEKER, Deceased, Ilene McGehee, former Administratrix of the Estate of Joseph Odell Bleeker, Deceased, Appellant, v. Arvest Trust Company, Personal Representative of the Estate of Joseph Odell Bleeker, Deceased, C.D. Bleeker, Connie Dale and Lavena Dale, Appellees.

Supreme Court of Oklahoma.

September 18, 2007.

Attorney(s) appearing for the Case

Jerry L. Colclazier, Colclazier & Associates, Seminole, OK, for Appellant.

B.C. Harris, Shawnee, OK, for Appellee Arvest Trust Company.

Rob L. Pyron, M. Bradley Carter, Seminole, OK, for Appellees C.D. Bleeker, Connie Dale and Lavena Dale.2

OPALA, J.

¶ 1 The dispositive first-impression question on certiorari is whether the American common law settled in the last century and half, which in circumscribed circumstances allows persons other than the estate's fiduciary to bring litigation for recovery of estate assets, should be adopted in Oklahoma. We answer in the affirmative and reverse the contrary trial court's ruling.

I

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