Dougherty v. Federal National Bank & Trust Co. of Shawnee

HALLEY, Justice.

This case primarily involves the question of whether a judge of the District Court was correct when he directed the guardian of an incompetent to take under the will rather than under the laws of succession in a probate proceeding. The County Court had previously directed the guardian to elect to take under the laws of succession.

It appears that Oda Mayo and Earl C. Housh were married on or about May 18, 1914, and lived together as husband and wife until the death of Earl C. Housh on March 6, 1959. To this marriage no children were born.

When Earl C. Housh died he left an…