Welch v. Barnett
Supreme Court of Oklahoma
Brror from District Court, Hughes County; John Caruthers, Judge. Petition by David A. Barnett, James A. Ostrum, and John E. Turner for probate of the will of Bunnie Hawkins, deceased, and Ralph Welch, guardian of Addie Hickory, objects on the ground of undue influence, duress, and fraud. From a judgment in favor of the beneficiaries David A. Barnett, James A. Ostrum, and John E. Turner, Welch brings error.
Read the full summary
Brror from District Court, Hughes County; John Caruthers, Judge. Petition by David A. Barnett, James A. Ostrum, and John E. Turner for probate of the will of Bunnie Hawkins, deceased, and Ralph Welch, guardian of Addie Hickory, objects on the ground of undue influence, duress, and fraud. From a judgment in favor of the beneficiaries David A. Barnett, James A. Ostrum, and John E. Turner, Welch brings error. This action originated in the probate court of Hughes county by the filing of a petition by David A. Barnett, praying for the probate of the will of one Bunnie Hawkins, deceased, and the…
1Opinion of the Court
Opinion by
AMES, C.
(after stating the facts as above). The first question presented is whether, on appeal from the county court to the district court from an order refusing to probate a will, a motion for new trial in the county court is necessary to confer jurisdiction upon the district court. We think not. In Apache State Bank v. Daniels, 32 Okla. 121, 121 Pac. 237, we held that under the provisions of section 16, art. 7, and section 2 of the Schedule, of the Constitution, an appeal lies to the district court in probate matters, as provided by the laws of the territory of Oklahoma. Wilson’s…
2Cases cited7 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Apache State Bank v. DanielsSupreme Court of Oklahoma · 1911
- Hartman v. StricklerSupreme Court of Virginia · 1886
- Lyons v. CampbellSupreme Court of Alabama · 1889
- Leverett's Heirs v. CarlisleSupreme Court of Alabama · 1851
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Parker v. LewisSupreme Court of Oklahoma · 1915
- Matter of FerrillNew Mexico Court of Appeals · 1981
- In Re Lillie's EstateSupreme Court of Oklahoma · 1945
- In Re Martin's EstateSupreme Court of Oklahoma · 1953
- Stone v. HodgesSupreme Court of Oklahoma · 1967
20 more not listed; retrieve them via the Exa API.