Legal Opinion

Matter of Estate of Speake

Supreme Court of Oklahoma

Decided July 7, 1987No. 63179PublishedCited by 57 opinions

1Opinion of the Court

OPALA, Justice.

The dispositive issue on certiorari is whether the one-year “recommencement-of-actions” provisions in 12 O.S. 1981 § 100, also known as a “renewal statute,” extend the time prescribed in 58 O.S. 1981 § 67 to bring a post-probate will contest for a period of one year from the date the initial, timely-filed contest failed otherwise than on the merits. We answer in the negative.

The testator’s will was admitted to probate on June 24, 1980. His daughter [contestant], a minor when the will was probated, initiated a post-probate contest on August 29, 1983. 1 She instituted the…

2Cases cited43 opinions

  1. Gaines v. . City of New YorkNew York Court of Appeals · 1915
  2. Trinity Broadcasting Corp. v. Leeco Oil Co.Supreme Court of Oklahoma · 1984
  3. C & C Tile Co. v. Independent Sch. Dist. No. 7 of Tulsa Cty.Supreme Court of Oklahoma · 1972
  4. Stolfa v. GainesSupreme Court of Oklahoma · 1929
  5. City of Tulsa v. SmittleSupreme Court of Oklahoma · 1985

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3Cited by57 opinions

  1. Reynolds v. PorterSupreme Court of Oklahoma · 1988
  2. Neil Acquisition, L.L.C. v. Wingrod Investment Corp.Supreme Court of Oklahoma · 1996
  3. Vicki H. Brown v. Hartshorne Public School District 1, Janie Trueblood Lorraine Hollis Jack Holloway Tommy McCullar Dr. Roy HoneywellCourt of Appeals for the Tenth Circuit · 1991
  4. IN RE: INITIATIVE PETITION NO. 397, STATE QUESTION NO. 767Supreme Court of Oklahoma · 2014
  5. Cole v. Silverado Foods, Inc.Supreme Court of Oklahoma · 2003

52 more not listed; retrieve them via the Exa API.

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