Turner v. First Nat. Bank & Trust Co. of Muskogee

HALLEY, Chief Justice.

This case involves a construction of section'44, Title 84, O.S.1951, commonly referred to as the “Forced Heir Statute.” The facts are unusual in that here the surviving spouse was hopelessly insane and incapable of making an election to take under the will of her deceased husband or under 'the law of succession as provided in section 213(5), Title 84, O.S.1951.

Fred E. Turner died January 1, 1950, while a resident of Muskogee County, leaving a will by which his surviving wife, Gun-ter P. Turner, was devised one-half of his estate and the remaining one-half was devised to…