Legal Opinion
Culbertson v. McCann
Supreme Court of Oklahoma
Decided May 19, 1983No. 58770PublishedCited by 13 opinions
1Opinion of the Court
OPALA, Justice:
Certified to us under the Uniform Certification of Questions of Law Act, 20 O.S.1981 § 1601 et seq., are the following first-impression questions:
“1. Does 58 Okla.Stat. § 496 prohibit an Executor from selling property of the estate which he represents to his sister, where the sale is otherwise not subject to objection?
2. If the answer to question 1 above is in the affirmative, would such a sale be a fraudulent sale on its face without the need for any evidence of fraud in the sale?
3. 58 Okla.Stat. § 492 provides that an Executor who fraudulently sells any real estate of a…
2Cases cited60 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Dayton Hudson Corp. v. American Mutual Liability Insurance Co.Supreme Court of Oklahoma · 1980
- De Graffenreid v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
- Anderson v. BeanMassachusetts Supreme Judicial Court · 1930
- Tooahnippah v. HickelSupreme Court of the United States · 1970
55 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Okland Oil Company v. Conoco Inc.Court of Appeals for the Tenth Circuit · 1998
- Canady v. ReynoldsCourt of Criminal Appeals of Oklahoma · 1994
- Mustain v. Grand River Dam AuthoritySupreme Court of Oklahoma · 2003
- Tyler v. Shelter Mutual Insurance Co.Supreme Court of Oklahoma · 2008
- Brashears v. Sight 'N Sound Appliance Centers, Inc.Court of Civil Appeals of Oklahoma · 1999
8 more not listed; retrieve them via the Exa API.