SMITH v. SMITH

Case No. 115,313 THIS OPINION HAS BEEN RELEASED FOR PUBLICATION BY ORDER OF THE COURT OF CIVIL APPEALS, Division No. 1.

404 P.3d 909 (2017)

2017 OK CIV APP 56

Dawnita Lynn SMITH and Daphne Phae Smith, Plaintiffs/Appellants, v. Greg SMITH, Defendant/Appellee, and The Heirs, Executors, Administrators, Devisees, Trustees and Assigns of Robert Lee Smith, Deceased; the Unknown Successors of Robert Lee Smith, Deceased; Janet Smith, Surviving Spouse of Robert Lee Smith, Deceased, Defendants.

Court of Civil Appeals of Oklahoma, Division No. 1.

Mandate Issued: November 8, 2017.


Attorney(s) appearing for the Case

Kyle B. Hadwiger , Marcus A. Jungman , PLLC, HADWIGER & JUNGMAN, Cherokee, Oklahoma, for Plaintiffs/Appellants.

Rick Cunningham , Alva, Oklahoma, for Defendants/Appellees.


¶ 1 The issue on appeal is whether an adopted child is entitled to share in a remainder interest granted to the natural children born of the life tenant. Robert Smith, deceased, was survived by two biological children, Dawnita Lynn Smith and Daphne Phae Smith, and one adopted child, Greg Smith....

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