Essex v. Washington

The issue presented in the case at bar is whether the proviso of the second subdivision of 84 O.S. 1941 §213 restricts and modifies the entire section, or whether the first sentence of the subdivision, as was held in Re Frary’s Estate, 186 Okla. 126, 96 P. 2d 526, restricts the proviso. The court labored in error with the last-mentioned opinion.

Under the general rule of construction, a proviso limits the immediate clause or general statement, unless the intention of language under construction refers to .the whole section. In re Bovier’s Estate, 52 Utah, 280, 172 P. 683. The proviso again…