Florence R. Groseclose v. Luetta Rice

Hollis, Oklahoma civil litigation lawyers represented the parties in a probate matter.



Luetta Rice, hereafter referred to as proponent, filed in the County Court of Harmon County a petition to probate the will of Joseph L. Sherrill who died in that county on February 12, 1960. Florence R. Groseclose, hereafter referred to as contestant, filed a petition for contest of the will. The county court dismissed the probate for lack of jurisdiction, stating that Sherrill was not at the time of his death a resident of Harmon County. Proponent appealed to the District Court of Harmon County which court reversed the decision of the county court and remanded the matter to county court for further proceedings. This is an appeal from the judgment of the district court and from an order overruling motion for new trial.



Syllabus by the Court:



" To effect change of residence or domicile, there must be actual abandonment of first domicile, coupled with intention not to return to it, and there must be a new domicile acquired by actual residence in another place or jurisdiction, with intention of making the last acquired residence a permanent home. "

Affirmed