Hayhurst v. Hayhurst

(dissenting) :

I respectfully dissent to the portion of the Court’s opinion suggesting that in Oklahoma the County Court is the tribunal in which to commence a proceeding for the construction of a will. See discussion.

By § 11 of the Organic Act (Act of Congress, May 2, 1890, 26 U.S. St. at Large, pp. 81-100), it was provided, inter alia, that certain “chapters and provisions of the Compiled Laws of the State of Nebraska, in force November first, eighteen hundred and eighty-nine, in so far as they are locally applicable, and not in conflict with the laws of the United States or with this act,…