Retschlag v. Smalley

O’NEAL, Justice.

This appeal presents the following questions: (a) Are first cousins entitled to inherit one-half of deceased’s residue estate to the exclusion of second cousins; (b) is the sole heir of the deceased’s husband entitled to take one-half of the residue estate of the deceased; and (c) under the statute of succession, Title 84 O.S.1951 § 213, do heirs take under Subd. 2 or under Subd. 6?

Upon the filing of the Final Report and Petition for Distribution in the matter of the Estate of Etta J. Felgar, deceased, in the county court, a decree was entered distributing the residue of Etta…