Clark v. Unknown Heirs of Osborn

I must respectfully dissent in part from the majority’s opinion as I believe that portion of trial court’s decision pertaining to Mattie’s estate exceeded its jurisdictional power in this matter. This was a proceeding for determination of heirship under 84 O.S.1981, § 251, et seq. It is not an ordinary civil action, but a special proceeding limited to the determination of who are the heirs of the deceased.1 The deceased in this case was James Merchie Osborn and the determination of his heirs was the only issue properly before the trial court — and consequently this Court. I would affirm those…