State Ex Rel. Otjen v. Mayhue

BERRY, Vice Chief Justice:

Petitioner has applied for extraordinary relief by writ of prohibition, to enjoin respondent from proceeding in a pending action, upon grounds of attempted exercise of unauthorized jurisdiction and unwarranted application of judicial force. Although application for relief is denied, presentation of a question of first impression justifies written expression.

Factual background provoking the issue may be summarized briefly. T. B. Blake died testate in Pontotoc County, Oklahoma, in 1969 and his estate presently is being administered in the probate court of that county.…