Legal Opinion · Dissent

Estate of Vaughan v. Vaughan

Court of Civil Appeals of Oklahoma

Decided April 29, 2011No. 107,907. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4Published

1DissentGoodman, P.J.

{1 A probate proceeding is not a suit or action of a civil nature which is cognizable as a case at law or in equity. Matter of the Estate of Wheeler, 1996 OK CIV APP 65, ¶ 8, 919 P.2d 460, 463. A probate proceeding is in the nature of a proceeding in rem and is controlled by the probate code. Id. The jurisdiction and power of the district court, when acting as a probate court, must be exercised in the manner prescribed by the probate code. See 58 0.$.2001, § 1.

I 2 A valid probate decree is one which, on the face of the judgment roll, shows the presence of three (8) required elements of…

2Cases cited2 opinions

  1. Booth v. McKnightSupreme Court of Oklahoma · 2003
  2. Haggerty v. WillisCourt of Civil Appeals of Oklahoma · 1996

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