M ORE L AW
LEXAPEDIA
Home
Verdicts
and
Decisions
Search Database
Recent Cases
Cases By Subject
Report A Case
Lawyers
Search Directory
By State & City
Add A
Lawyer Listing
Court
Reporters
Recent Listings
Search
By States & City
Add A Basic
Reporter Listing
Expert
Witnesses
Recent Listings
Search Directory
By State & Expertise
Add A Basic
Expert Witness
Listing
MoreLaw
Store
The Store
Recent Listings
(Search)
Add A Basic
Classified Ad
Links
County Seats
State Links
Information
About MoreLaw
Contact MoreLaw


Oklahoma Probate Law
 
Charles W. Rice v. Erie Opal Young

¶1 This was an action by certain legatees under the last will and testament of Nellie N. Rice to enforce specific performance of a contract between them and certain devisees under said will purportedly intended to effect a distribution of the estate in a manner different from that provided in the will.

¶2 In 1935, Robert W. Rice died testate leaving an estate consisting of three quarter s... More...
   $0 (05-18-1948 - OK)

Steve Edwards v. Estate of Vance Riley

Steve Edwards sued the Estate of Vance Riley claiming that on May 5, 2008, a fire erupted inside the Vance Riley resident at 518 Foster Place in Midwest City, Oklahoma. Plaintiff claimed that he entered the Riley resident, which was on fire, in an attempt to rescue Riley and sustained temporary and permanent injuries as a result.

Defendant admitted that there was a fire and that Riley die... More...
   $0 (01-31-2012 - OK)

D. Bartlett v. S. Bartlett

¶1 Defendant/Appellant S. Bartlett (Wife) appeals from the Decree of Divorce as well as other court orders in this dissolution proceeding filed by Plaintiff/Appellee D. Bartlett (Husband). We hold that the trial court erred in finding that Husband rebutted the presumption of a gift which arose when Husband placed the marital residence and six other properties in joint tenancy with Wife; we theref... More...   $0 (02-10-2006 - OK)

Carl Ray Friar v. Carlene U. Friar

Carl Ray Friar sued Carlene U. Friar and Donny Ray Friar seeking to quite title to certain real estate that had been owned by owners who died decades ago and whose estates were never probated.... More...   $1 (01-07-2012 - OK)

In The Matter of the Estate of Dicksion

¶1 The three dispositive issues presented by this appeal and counter-appeal are whether: 1) the objection to admission of the holographic will was timely;1 2) the paternity statute, 84 O.S. 2001 §215,2 applies to intestate and probate proceedings; and 3) 58 O.S. 2001 §1223 prohibits the appointment of a business partner as personal representative when the will does not make any provisions for s... More...   $0 (11-28-2011 - OK)

Anderson v. Malone

¶1 This action was commenced in the district court of Muskogee county by plaintiffs in error, Lizzie Anderson, a minor, by Bertha Anderson, her guardian, appellants in the trial court, against Lewis B. Malone, former guardian, respondent in the trial court, defendant in error herein, by filing in said court a transcript of record of probate proceedings from the county court to review the judgment... More...   $0 (01-05-1932 - OK)

In the Matter of the Guardianship of Charles Foster Doornbos

¶1 This appeal is taken from the trial court order granting the petition for general guardianship brought by the ward's daughter, Darian Doornbos Kedy. While this and related appeals were pending in this Court, Mr. Doornbos, the ward, died.

¶2 This Court has consistently held that it will not decide abstract or hypothetical questions when no practical relief will result. Rogers v. Excise ... More...
   $0 (12-12-2006 - OK)

Sherry Lee Sorrels v. Gary Fred Tech

¶1 Plaintiff Sherry Lee Sorrels appeals the district court's order granting defendant Janis Tech's1 motion for summary judgment. The appeal has been assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36(b), 12 O.S. Supp. 2009, ch. 15, app. 1, and the matter stands submitted without appellate briefing. Because it is undisputed that Sorrels signed an agreement assuming res... More...   $0 (09-28-2011 - ok)

Town of Flower Mound, Texas v. Mockingbird Pipeline, L.P.

Appellant Town of Flower Mound, Texas, attempts to bring an interlocutory appeal of the Denton County Probate Court’s denial of its plea to the jurisdiction in favor of Appellee Mockingbird Pipeline, L.P. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (West 2008). We dismiss the appeal for want of jurisdiction.

II. Factual and Procedural Background

Mockingbird, a gas corpo... More...
   $0 (10-13-2011 - OK)

Mary Lou Palmer v. Mark Everett Vaughn

¶1 The trial court petitioner, Mary Lou Palmer (Palmer), appeals an Order that denied her Motion To Vacate Void Orders And Judgment Order Allowing Final Account, Determining Heirs, Devisees and Legatees and Final Decree of Distribution (Final Decree), entered in the Estate of John Ellis Vaughan, Deceased (Decedent). The Co-Personal Representatives are Mark Everett Vaughan and Robert Lewis Vaughan... More...   $0 (06-07-2011 - OK)

Estate of Hattie K. Davis v. First National Bank & Trust Company of Chickasha

¶1 Appellant, Burns Davis (Personal Representative), seeks review of the trial court's order (1) allowing compensation to Appellee, First National Bank & Trust Company of Chickasha (Bank), as constructive trustee and special administrator in the probate of the estate of Hattie K. Davis (Decedent), (2) allowing fees and costs of Bank's attorney, (3) allowing fees of Bank's expert witness, (4) deny... More...   $0 (06-07-2011 - OK)

IN THE MATTER OF THE ESTATE OF HODGES

¶1 Barbara Shultz (Shultz), Appellant is the sister and sole heir-at-law of the deceased Dicky J. Hodges (Hodges). Hodges died testate on January 17, 2006, and his holographic will was admitted to probate on January 24, 2006.1 Schultz contends the trial court's interpretation of Hodges' Will and distribution of Hodges' Estate was contrary to Oklahoma law and the express provisions of the Will.More...   $0 (01-21-2011 - OK)

State of Oklahoma, ex rel. Oklahoma Bar Association v. Ronald Douglas Cox

¶1 On March 25, 2010, the Oklahoma Bar Association ("OBA") filed a complaint against attorney Ronald Douglas Cox ("Cox") for alleged professional misconduct, as authorized by Rule 6.1 of the Rules Governing Disciplinary Proceedings ("RGDP").1 Five specific violations were raised by the OBA, however two counts were voluntarily dismissed prior to introduction of evidence before the Professional Res... More...   $0 (07-06-2011 - OK)

Odette Rogers v. Bob Bailey

¶1 The issues before us are whether the Baileys timely asserted a claim of title to the property when a forcible entry and detainer action was filed seeking to oust them from the property, and whether the trial court should have transferred the action from the Small Claims Docket. We conclude that the matter should have been tried as one in ejectment and that the trial court should have transferr... More...   $0 (07-29-2011 - OK)

Shari Kear v. Frank C. Gatewood

Shari Kear sued Frank C. Gatewood and Frank C. Gatewood, P.C. on a legal negligence theory claiming that Defendant prepared the Last Will and Testament of her mother, Rosemary Vanderburg, which was executed on July 21, 2006. The will provided that she had the authority to later (1) attach to her LOast Well and Testament a list of items of Tangible personal property having individual value of unde... More...   $1 (05-10-2011 - OK)

IN THE MATTER OF THE DEATH OF HYDE

¶1 The questions presented are: (1) whether it was proper for the Workers' Compensation Court to grant a motion for summary judgment; (2) is the district court's finding of a common law marriage between the decedent and his common law wife binding as to the employer and the Workers' Compensation Court; and (3) whether common law wife meets the definition of surviving spouse set forth in the worke... More...   $0 (04-19-2011 - OK)

Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Pamela Whitney

Defendants-Appellants Pamela Whitney, the Estate of Mary Whitney, and the Estate of Suzanne Whitney appeal from the district court’s order granting plaintiff Merrill Lynch’s motion to confirm an arbitration award in this interpleader action. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm the judgment of the district court and grant Merrill Lynch’s request for appellate fees... More...   $0 (04-04-2011 - OK)

State of Oklahoma, ex rel. Oklahoma Bar Association v. Robert S. Flaniken

¶1 The Complainant alleges that the Respondent, Robert S. Flaniken charged an unreasonable fee to a client, Peggy Hepler. A hearing was held before the Trial Panel of the Professional Responsibility Tribunal (PRT) on April 24, 2003. In their report of May 21, 2003, the PRT concluded the OBA failed to meet its burden of proof in the matter. We agree.

Background Information

¶2 Peggy ... More...
   $0 (02-03-2004 - OK)

Federal Land Bank of Wichita v. Jess L. Burris

¶1 This Court must now decide whether the state courts of Oklahoma have jurisdiction to foreclose on approved mortgages of restricted Indian land. The issue, one of first impression here, is critical not only to lenders who have accepted mortgages on restricted Indian land but also to individual Indians who would borrow money, using as security their restricted Indian land. Our conclusion is that... More...   $0 (02-06-1990 - OK)

State of Oklahoma Bar Association v. W. Kirk Clausing

¶1 In this disciplinary proceeding against a lawyer, the issues to be decided are: (1) Does the record submitted for our examination provide sufficient evidence for a meaningful de novo consideration of the complaint and of its disposition?1 and (2) Is a suspension from the practice of law for six months an appropriate disciplinary sanction for respondent's breach of professional ethics? We answe... More...   $0 (09-29-2009 - OK)

Barbara Shultz v. Charlers Summers

¶1 Barbara Shultz (Shultz), Appellant is the sister and sole heir-at-law of the deceased Dicky J. Hodges (Hodges). Hodges died testate on January 17, 2006, and his holographic will was admitted to probate on January 24, 2006.1 Schultz contends the trial court's interpretation of Hodges' Will and distribution of Hodges' Estate was contrary to Oklahoma law and the express provisions of the Will.More...   $0 (01-21-2011 - OK)

Barbara Shultz v. Charles Summers

¶1 Barbara Shultz (Shultz), Appellant is the sister and sole heir-at-law of the deceased Dicky J. Hodges (Hodges). Hodges died testate on January 17, 2006, and his holographic will was admitted to probate on January 24, 2006.1 Schultz contends the trial court's interpretation of Hodges' Will and distribution of Hodges' Estate was contrary to Oklahoma law and the express provisions of the Will.More...   $0 (01-28-2011 - OK)

Elizabeth Roth v. Mercy Health Center, Inc.

¶1 This is a medical negligence and wrongful death action initiated by Plaintiff, as personal representative of the estate of her deceased mother. The Court of Civil Appeals affirmed the trial court's jury verdict in favor of Defendants, Mercy and Dr. Dixson. The inquiry in this appeal concerns the trial court's discretion in denying Plaintiff's first motion to amend.

I. BACKGROUND AND PRO... More...
   $0 (01-18-2011 - OK)

Kirk v. Board of County Commissioners of Muskogee County

¶1 This is an appeal by the appellants, the Board of County Commissioners of Muskogee County, Oklahoma, [Commissioners], from the judgment of the district court. The court found that certain county officers had been assigned additional duties by the Oklahoma Legislature, which were not germane to the duties of their respective offices, for which they were not compensated; and that because officer... More...   $0 (06-05-1979 - OK)

Charles L. Watkins v. Robin Jeanne Webb

¶1 Appellant Robin Jeanne Webb, Personal Representative of the Estate of Lola Ladene Webb, appeals from the trial court's order denying her request for attorney fees. The trial court found that Appellee Charles L. Watkins's Petition for Letters of Administration was not "totally without merit or frivolous" and therefore declined to award attorney fees to Appellant. This appeal proceeds on Appella... More...   $0 (10-22-2010 - OK)

IN THE MATTER OF THE ADOPTION OF BABY BOY A

¶1 In this appeal, the appellant is the Oklahoma County Public Defender in his capacity as the attorney for the minor child and the appellees are the adoptive parents. The dispositive question is whether the district court abused its discretion in approving the adoptive parents' expenditures for fees, costs, and expenses in connection with the adoption. We answer in the affirmative and remand thi... More...   $0 (05-04-2010 - OK)

State ex rel. Oklahoma Bar Association v. James T. Robinson

¶1Complainant, Oklahoma Bar Association, filed its Application for Order Approving Resignation on October 22, 2010, asking this court to enter an order approving the Resignation Pending Disciplinary Proceedings of James T. Robinson, pursuant to Rule 8.2, Rules Governing Disciplinary Proceedings ("RGDP") 5 O.S. 2001, Ch. 1, App. 1-A. Complainant states Respondent's Resignation Pending Disciplinary... More...   $0 (11-15-2010 - OK)

Robyn Cagle v. The James Street Group, et al.

Robyn Cagle appeals from the dismissal of her claims against attorneys and an insurance broker. She sought damages based upon the defendants’ alleged failure to timely finalize the paperwork for an annuity contract purchased by her since deceased same sex partner, Shavon Norris, naming Cagle as beneficiary.

The district court entered summary judgment in favor of the defendants.

... More...
   $0 (12-31-1969 - OK)

In the matter of the Reinstatement of Edward Lee Munson

¶1 This is the attorney's third time before this Court. Munson was suspended from the practice of law from December 12, 1988 through January 4, 1990 (Munson I)1 for two counts of misrepresentation and neglect. The Bar Association filed a complaint against the attorney in 1992. The allegations were that the attorney: 1) misrepresented the nature of business transactions to a bank inducing the inst... More...   $0 (03-16-2010 - OK)

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. MAYES

¶1 The complainant, Oklahoma Bar Association (Bar Association), charged the respondent, Robert I. Mayes, Jr., with two counts of professional misconduct involving the mishandling of settlement funds1 and failure to cooperate in the grievance process.2 [66 P.3d 400] Upon a de novo review,3 we hold that clear and convincing evidence4 supports findings of the respondent's misappropriation of settlem... More...   $0 (03-11-2003 - OK)

Don W. Tucker v. New Dominion, L.L.C.

¶1 The question presented is whether, under the circumstances, the misspelling of the name Olinka Hrdy as Olinka Hardy in the publication notices and other documents filed in an Oklahoma Corporation Commission proceeding having as its purpose the pooling of mineral interests renders the Commission's pooling order invalid as to Olinka Hrdy for lack of due process. We answer in the negative.
More...
   $0 (02-23-2010 - OK)

Kyong S. Murphy v. Michael O. Murphy

¶1 Michael Murphy (Husband) and Kyong Murphy (Wife) both appeal from the trial court's final decree in the dissolution proceeding filed by Wife, alleging errors with the trial court's property division. Husband's appeal addresses the trial court's failure to award him (1) an equitable share in the enhanced value of Wife's separate business, (2) a credit for joint funds used for her business, (3) ... More...   $0 (01-11-2010 - OK)

Jerry R. Fent v. State of Oklahoma, ex rel, Department of Human Services

¶1 The petitioner, Jerry R. Fent, filed an application asking this Court to assume original jurisdiction and declare unconstitutional 28 O.S. Supp. 2008 § 152(D)(E) and (F) and 28 O. S. Supp. 2008 § 152.1(B), which require a portion of fees paid to the court clerks in civil actions to be credited to or deposited to non-judicial programs. Mr. Fent bases his standing to obtain relief upon his sta... More...   $0 (01-19-2010 - OK)

Arnold Johnson v. Merlen Suttles

¶1 Defendants, Merlen and Nancy Suttles, appeal the trial court's order granting Plaintiffs, Arnold and Wynema Johnson, an easement of necessity across Defendants' property to the upper portion of Plaintiffs' land. We affirm as modified herein.

BACKGROUND

¶2 In April 2006, Plaintiffs purchased a 75-acre tract of land located in Carter County, Oklahoma. The tract is located directly... More...
   $0 (10-22-2009 - OK)

Nancy Lazelle v. Estate of Leon I. Crabtree

¶1 Nancy Lazelle (Plaintiff) appeals the trial court's order finding that the will executed by Leon Crabtree (Decedent) in Arizona on July 19, 2004, is valid in all respects. Based on a review of the record and applicable law, we affirm the decision of the trial court.

BACKGROUND

¶2 On May 9, 2006, Decedent died leaving five brothers and sisters. He left neither a surviving spouse ... More...
   $0 (10-08-2009 - OK)

Jose Gonzalez v. Dub Ross Company, Inc.

¶1 Krista O'Neal filed a claim in the Workers' Compensation Court against D&H Utilities Construction Company for compensation benefits as a result of the death of Jesus Chavez Olvera, (Decedent). She alleged therein she was the surviving common-law wife of Olvera.

¶2 During the course of the workers' compensation proceeding, Plaintiff herein, Jose Gonzalez, was appointed personal represen... More...
   $0 (10-01-2009 - OK)

Kenneth Markes, etc. v. Melvin Markes, et al.

¶1 Kenneth Markes, Patrick Markes, Kathy Grim, and Debbie McClurg (collectively, Appellants) appeal from an order of the trial court refusing to confirm a sale of real property belonging to Wilma Markes (Decedent). The central issue on appeal is whether the trial court erred in finding that the personal representatives' exercise of the power of sale contained in Decedent's will was subject to a f... More...   $0 (05-07-2009 - OK)

Suzanne Russell v. Chase Investment Services

¶1 The United States District Court for the Northern District of Oklahoma, pursuant to the Revised Uniform Certification of Questions of Law Act, 20 O.S.2001, §§ 1601-1606, certified the question:

Does the appointment of a general guardian withdraw all of the assets from the estate of a ward subject to a durable power of attorney, such that the person holding power of attorney is without... More...
   $0 (04-07-2009 - OK)

In the Matter of the Estate of Walter Kinsley Jackson, Deceased.

¶1 We are presented with this question of first impression: whether the assets of a revocable inter vivos trust are subject to the provisions of Oklahoma's pretermitted heir statute, 84 O.S.2001, §132. We are also presented with the question of whether, in a probate proceeding, notice must be given pursuant to title 58, section 240 of the Oklahoma Statutes before a court's order determinating he... More...   $0 (09-16-2008 - OK)

Luis Maurico Ochoa v. Bass

1 Petitioners, Luis Maurico Ochoa and Gregorio Robles, through counsel, have made application to this Court for writs of habeas corpus and prohibition in connection with commitment orders issued by Respondent, the Honorable Jerry D. Bass, District Judge, in Oklahoma County District Court, Case Nos. CF-2007-1173 and CF-2007-2987. Both the named Respondents have filed response briefs, the Oklahoma... More...   $0 (03-12-2008 - OK)

 
Home | Add Attorney | Add Expert | Add Court Reporter | Sign In
Find-A-Lawyer By City | Find-A-Lawyer By State and City | Articles | Recent Lawyer Listings
Verdict Corrections | Link Errors | Advertising | Editor | Privacy Statement
© 1996-2012 MoreLaw.com, Inc.