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CORR v. SMITH

No. 102687.

178 P.3d 859 (2008)

2008 OK 12

James M. CORR, John D. Corr, Larry M. Corr and Thomas R. Corr, IV, Plaintiffs/Appellees, v. Stuart Douglas SMITH, Jr., and Linda Smith, Defendants/Appellants, and Joyce Taylor, Jackie Martin, Patty Jo Marshall McCrocklin, The Estate of Rachel Milam Corr, The Trust Company of Oklahoma, Inc., and Connie Olsen, Defendants.

Supreme Court of Oklahoma.

February 12, 2008.

Attorney(s) appearing for the Case

Steven M. Ditto and Brent D. Coldiron, Oklahoma City, Oklahoma, for Plaintiffs/Appellees.

Gary Shores, Oklahoma City, Oklahoma, for Defendants/Appellants.

COLBERT, J.

¶ 1 The single issue confronting the Court is whether the trial court had the statutory authority to grant the plaintiffs' application for attorney fees and costs following their successful effort to have a trust amendment and will set aside because of undue influence. We conclude that it did under the facts presented. We vacate the opinion of the Court of Civil Appeals and affirm the decision of the trial court.

I. BACKGROUND AND PROCEDURAL...

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