Legal Opinion · Dissent

Pease v. Whitlatch

Supreme Court of Oklahoma

Decided December 22, 1964No. 40178Published

1DissentIrwin, Justice

Title 84 O.S.1961, § 151, provides that a will is to be construed according to the intention of the testator. The Legislature, by enactment of Title 84 O.S.1961, § 132, unequivocally, placed a burden upon a testator, if he intends to omit to provide in his will for any of his children or for the issue of a deceased child, to make it appear that such omission was intentional.

Although our general statutory provisions do not prohibit a testator from omitting to provide for a child, or the issue of a deceased child, section 132, supra, does place a limitation upon the manner in which a child or…

2Cases cited3 opinions

  1. In Re Revard's EstateSupreme Court of Oklahoma · 1936
  2. In Re Castle's EstateSupreme Court of Oklahoma · 1953
  3. Lunceford v. LuncefordSupreme Court of Oklahoma · 1953

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