Legal Opinion

Matter of Estate of Burns

Court of Civil Appeals of Oklahoma

Decided October 26, 1978No. 51299PublishedCited by 5 opinions

1Opinion of the Court

NEPTUNE, Presiding Judge.

This appeal arises from the probate court’s order declaring that a 200-year-old family Bible is a part of the estate of a particular descendant rather than property subject to an implied trust which would permit the Bible to descend to the oldest male member of the family.

J. W. Burns was in possession of and claimed the Bible as his property at the time of his death in 1936. Surviving J. W. were his wife Clara and three sons, Paul, the eldest, Ralph and Verbal, the youngest. The Bible was kept in J. W.’s house until his widow died in 1952.

Paul came into possession of…

2Cases cited7 opinions

  1. Bryant v. MahanSupreme Court of Oklahoma · 1927
  2. Powell v. ChastainSupreme Court of Oklahoma · 1957
  3. Marshall v. AmosSupreme Court of Oklahoma · 1970
  4. Trimble v. BolesSupreme Court of Oklahoma · 1934
  5. Henderson v. GiffordSupreme Court of Oklahoma · 1957

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

3Cited by5 opinions

  1. Easterling v. FerrisSupreme Court of Oklahoma · 1982
  2. Hall v. SchoenwetterSupreme Court of Connecticut · 1996
  3. GASKINS v. TEXON, LPCourt of Civil Appeals of Oklahoma · 2013
  4. Matter of Estate of SteenCourt of Civil Appeals of Oklahoma · 1992
  5. GASKINS v. TEXON, LPCourt of Civil Appeals of Oklahoma · 2013

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