Legal Opinion

Lowther v. Stolba (In re Estate of Stolba)

Court of Civil Appeals of Oklahoma

Decided July 8, 2019No. Case No. 116,512PublishedCited by 1 opinion

1Opinion of the Court

OPINION BY P. THOMAS THORNBRUGH, JUDGE:

¶1 Daniel W. Lowther, as personal representative of the estate of Margaret J. Stolba, deceased (Decedent), appeals a decision by the district court finding that a restriction on the alienation of property in the Decedent's will was invalid, and distributing the subject property to decedent's heirs.

BACKGROUND

¶2 Decedent's will was admitted for probate in December 2012. It was evidently composed by Decedent without legal assistance. Among its provisions was this:

The home stead will remain in trust, Not to be sold or split. All four of you have got to get…

2Cases cited9 opinions

  1. Matter of Estate of MaherasSupreme Court of Oklahoma · 1995
  2. In Re Estate of HolcombSupreme Court of Oklahoma · 2002
  3. Producers Oil Co. v. GoreSupreme Court of Oklahoma · 1980
  4. Benjamin v. ButlerSupreme Court of Oklahoma · 2008
  5. Matter of Estate of CrowlSupreme Court of Oklahoma · 1987

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

3Cited by1 opinion

  1. Godoy v. LinznerCalifornia Court of Appeal · 2024

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