Estate of Vaughan v. Vaughan
Court of Civil Appeals of Oklahoma
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
- Booth v. McKnightSupreme Court of Oklahoma · 2003
- Haggerty v. WillisCourt of Civil Appeals of Oklahoma · 1996