Legal Opinion

Clayton v. Oberlander

Supreme Court of Oklahoma

Decided May 23, 1916No. 6459PublishedCited by 11 opinions

Error from District Court, Major County; James Ay. Steen, Judge. Action by Ralph S. Clayton, as administrator of the estate of Henrietta Oberlander, deceased, and others against Nora M, Ober-lander, administratrix of the estate of S. B. Oberlander, deceased, and another. Judgment for defendants, and plaintiffs bring error. This action was commenced in the district court of Major county by Ralph S. Clayton, as administrator of the estate of Henrietta Oberlander, deceased.

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Error from District Court, Major County; James Ay. Steen, Judge. Action by Ralph S. Clayton, as administrator of the estate of Henrietta Oberlander, deceased, and others against Nora M, Ober-lander, administratrix of the estate of S. B. Oberlander, deceased, and another. Judgment for defendants, and plaintiffs bring error. This action was commenced in the district court of Major county by Ralph S. Clayton, as administrator of the estate of Henrietta Oberlander, deceased. Ralph S. Clayton, Ma-belle H. Clayton, and A'era M. Clayton, an infant, by her next friend, Ralph ¡4. Clayton, hereinafter…

1Opinion of the Court

Opinion by

RUMMONS, C.

(after stating the facts as above). This being a case of purely equitable cognizance, wé are required to review the evidence and consider the same in order to determine whether or not the assignment of error presented by the plaintiffs, that the decree of the court below is' contrary to the weight of the evidence, is well taken. Prom the evidence offered by the plaintiffs, if true, there can be no question that a gross fraud was perpetrated upon the dying Mrs. Oberlander, and her unsuspecting grandchildren. On the other hand if the evidence offered by the defendants be…

2Cases cited3 opinions

  1. Hogan v. LeeperSupreme Court of Oklahoma · 1913
  2. Barker v. WisemanSupreme Court of Oklahoma · 1915
  3. In Re SpannSupreme Court of Oklahoma · 1915

3Cited by11 opinions

  1. McDonald, Adm'r v. StrawnSupreme Court of Oklahoma · 1920
  2. Morton v. RobertsSupreme Court of Oklahoma · 1923
  3. Webb v. BurnamSupreme Court of Oklahoma · 1925
  4. Derritt v. DerrittSupreme Court of Oklahoma · 1917
  5. In Re Estate of AubreySupreme Court of Oklahoma · 1927

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