Legal Opinion

In the Matter of Estate of Markes

Court of Civil Appeals of Oklahoma

Decided May 7, 2009No. Case Number: 105462, Consol. w/105463Published

1Opinion of the Court

JANE P. WISEMAN, Judge.

{1 Kenneth Markes, Patrick Markes, Kathy Grim, and Debbie McClurg (collectively, Appellants) appeal from an order of the trial court refusing to confirm a sale of real property belonging to Wilma Markes (Decedent). The central issue on appeal is whether the trial court erred in finding that the personal representatives' exercise of the power of sale contained in Decedent's will was subject to a finding of necessity pursuant to 58 0.8.2001 § 411. After reviewing the record on appeal and the relevant law, we conclude that a finding of necessity was not required, and as a…

2Cases cited5 opinions

  1. Matter of Estate of MaherasSupreme Court of Oklahoma · 1995
  2. In Re Estate of HolcombSupreme Court of Oklahoma · 2002
  3. O'NEAL v. JamesSupreme Court of Oklahoma · 1957
  4. Phillips v. NewmanCourt of Civil Appeals of Oklahoma · 1999
  5. Reilly v. CarpenterCourt of Civil Appeals of Oklahoma · 1994

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