Spain v. Kernell

OPALA, Justice:

The first-impression issue dispositive of this appeal is whether household furniture set apart, after the wife’s death, to her surviving husband and a minor child, pursuant to the terms of 58 O.S.1981 § 311, became the property of the husband and of that child in equal shares or, following the child’s attainment of majority and the husband’s demise passed to the wife’s residuary legatees. Our answer is that by operation of statute, 58 O.S.1981 § 316, title to the described personalty here in contest vested in the surviving husband and in the-then minor child in equal shares…