[Download] "Mcspadden v. Mcspadden" by Supreme Court of the State of Oklahoma # Book PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Mcspadden v. Mcspadden
• Author : Supreme Court of the State of Oklahoma
• Release Date : January 14, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 81 KB

Description

¶1 This action involves a determination of the proper distribution of the assets of the estate of Joseph Henry McSpadden, deceased, who left surviving him his widow, Mozelle McSpadden, defendant in error, and a son, John Harold McSpadden, executor of the estate and plaintiff in error herein. We shall continue to refer to the parties according to their relationship to the testator. ¶2 Testator died in August, 1953, a resident of Tulsa County, Oklahoma. His will, dated January 21, 1946, named his widow, a second wife whom he married in 1931 and of which marriage no children were born, and his son by a previous marriage as legatees and devisees according to his plan of succession set forth therein. The son was also designated to be executor. During the period prior to his death and subsequent to the execution of this will, testator caused considerable personal property owned by him to be transferred into accounts or securities naming himself and his wife as joint owners with right of survivorship. He also transferred title of their home in Tulsa to them in the same manner. After testator's death his widow discovered his will sealed in an envelope. She and the son had some discussion between themselves and with an attorney, who was a relative, concerning the proper place to initiate probate. Some of the real property owned by testator was located in Kansas, and apparently in an endeavor to reduce the expense of administration, it was concluded that the will should be offered for probate in that state. Whether or not this was at the widow's insistence is a controverted fact. In any event, it is undisputed that she first learned the provisions of the will when the envelope was opened and the will read to the family at a gathering in Moline, Kansas, following the funeral. At that time she was advised that she could elect to take under the law and immediately signified her intention so to do. Thereafter the son offered the will for probate in Elk County, Kansas, on December 17, 1953. The widow waived notice. The will was admitted to probate there on February 6, 1954, and on February 15, 1954 the widow filed her written election ""to take under the provisions of the law concerning descents and distributions and not under said will."" This was within the period provided for such an election by the law of Kansas. It was subsequently concluded that the State of Oklahoma was the proper jurisdiction to handle the initial probate of the estate and the Kansas proceedings were terminated. On October 4, 1954, the will was offered for probate by the son in Tulsa County, Oklahoma, and an order admitting it to probate was filed October 18, 1954. On January 5, 1955, the widow also filed in this jurisdiction her written election to take under the law. The county court's order of distribution approved the widow's election to take under the law of succession and distributed the property accordingly. The district court on appeal did likewise. The son appeals.

Ebook Free Online "Mcspadden v. Mcspadden" PDF ePub Kindle