Legal Opinion · Dissent

Powell v. Dicksion

Supreme Court of Oklahoma

Decided June 25, 2012No. 107,295Published

1Dissent

COMBS, J.,

Joined by TAYLOR, C.J., COLBERT, V.C.J., WINCHESTER, J., dissenting:

1 I must respectfully dissent. The majority opinion authorizes a determination of paternity as a basis for intestate succession and inheritance, post-death, a position I cannot support.

*295{2 Appellant Powell, sought a share of Decedent's estate, as an omitted heir, under 84 O.S. 182, claiming he was born out of wedlock to a woman who gave him up for adoption, and Decedent was his biological father. Subsequent to the decedent's death, and with the aid of DNA testing performed on the Decedent's surviving brother, Archie…

2Cases cited6 opinions

  1. Lalli v. LalliSupreme Court of the United States · 1978
  2. Ward v. CookSupreme Court of Oklahoma · 1931
  3. Casey v. SelfSupreme Court of Oklahoma · 1990
  4. In Re Felgar's EstateSupreme Court of Oklahoma · 1954
  5. Matter of Estate of KingSupreme Court of Oklahoma · 1991

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