Legal Opinion · Dissent

Estate of Glomset

Supreme Court of Oklahoma

Decided March 16, 1976No. 47321Published

1Dissent

HODGES, Vice Chief Justice

(dissenting).

The majority opinion holds the will is unambiguous on its face and, therefore, extrinsic evidence is inadmissible to determine the intention of the testator. I believe this perpetuates a misinterpretation of the applicable statute, 84 O.S.1971, § 132.1

It is generally recognized that preter-mitted heir statutes are not intended to limit a testator’s power to dispose of his property by will, or to require him to bestow any part of his estate on any child *954or descendant. The purpose of the statute is to protect such heirs against omission due to…

2Cases cited9 opinions

  1. Hedderich v. HedderichNorth Dakota Supreme Court · 1909
  2. In Re Adams' EstateSupreme Court of Oklahoma · 1950
  3. Lorings v. MarshSupreme Court of the United States · 1868
  4. Dilks v. CarsonSupreme Court of Oklahoma · 1946
  5. Lowery v. HawkerNorth Dakota Supreme Court · 1911

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