Legal Opinion

Chesnut v. Capey

Supreme Court of Oklahoma

Decided January 9, 1915No. 5626PublishedCited by 4 opinions

Error from District Court, Marshall County; Jesse M. Hatchett, Judge. The probate of an alleged will of Wallace Capey, deceased, offered for probate by C. C. Chesnut, was protested by Margaret Capey, and, from a judgment of the district court on «appeal from the county court sustaining the protests, Chestnut brings error.

1Opinion of the CourtTurner, J.

On February 3, 1913, Harmon Kaney, in the county court of Marshall county, filed his petition asking to be appointed administrator of the estate of Wallace Oapey, whom, he alleged, was a Choctaw Indian of full blood, who died on January 30, 1913, leaving an allotbent of land and personal property of the value of $200, leaving also petitioner, his nephew, him surviving, as his only heir at law. On February 10, 1913, Margaret Oapey protested against the appointment and alleged her right to he appointed ’ on the ground that she was the widow of deceased. On February 14, ] 913, came one March and…

2Cases cited3 opinions

  1. McDermott v. WisconsinSupreme Court of the United States · 1913
  2. Walker v. BrownSupreme Court of Oklahoma · 1914
  3. Leard v. AskewSupreme Court of Oklahoma · 1911

3Cited by4 opinions

  1. Phillips v. SmithSupreme Court of Oklahoma · 1939
  2. Pool v. Estate of ShelbySupreme Court of Oklahoma · 1991
  3. Gilliland v. StrikeaxeSupreme Court of Oklahoma · 1961
  4. Phillips v. SmithSupreme Court of Oklahoma · 1939

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