Legal Opinion

In Re Spann

Supreme Court of Oklahoma

Decided September 21, 1915No. 5153PublishedCited by 14 opinions

Error from District Court, Rogers County; T. L. Brown, Judge. In the matter of the final report of G. W. Spann, executor of the estate of J. E. Prather, deceased. Objections were filed to the report by Amanda. Moore, and from adverse findings of the county court, she appealed to the district court. From the judgment rendered by the district court, the executor brings error.

1Opinion of the Court

Opinion by

ROBBERTS, C.

The record in this case shows that John E. Prather was a Cherokee Indian. At the time of his death, which occurred on the 26th day of Febrüary, 1907, he was the owner of an Indian allotment in that part of the Cherokee Nation which, upon statehood, became Rogers county. Prior to his death he made a will in which he bequeathed his allotment to his wife, Amanda Prather, who was afterwards married to a man by the name of Moore. The will was duly probated in the proper court of the Indian Territory, and G. W. Spann, who is the father of Amanda, was appointed executor of said…

2Cases cited4 opinions

  1. Hogan v. LeeperSupreme Court of Oklahoma · 1913
  2. Snyder v. SnyderMichigan Supreme Court · 1902
  3. Ward v. TinkhamMichigan Supreme Court · 1887
  4. McClure v. LewisSupreme Court of Missouri · 1880

3Cited by14 opinions

  1. Bartlett v. American National Bank & Trust Co. of SapulpaSupreme Court of Oklahoma · 1984
  2. In Re Jennings' EstateMontana Supreme Court · 1925
  3. State Ex Rel. Oklahoma Bar Ass'n v. MooreSupreme Court of Oklahoma · 1987
  4. First Nat. Bank of Ada v. ElamSupreme Court of Oklahoma · 1927
  5. Omega Investment Co. v. WoolleyUtah Supreme Court · 1928

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