Legal Opinion

Sacred Heart Parish v. Giacomo

Supreme Court of Oklahoma

Decided February 1, 1994No. 74278PublishedCited by 6 opinions

1Opinion of the Court

LAVENDER, Vice Chief Justice.

The issue in this ease is whether the trial' court’s findings of lack of mental capacity to make an assignment and the existence of undue influence are clearly against the weight of the evidence. We hold that the trial court’s findings are not clearly against the weight of the evidence and therefore its judgment will not be disturbed on appeal.

FACTS AND PROCEDURE

Carrie E. Dominic (Dominic) was named principal beneficiary and co-executrix in a 1977 will by her sister Maggie Carano (Cara-no), now deceased. Dominic had lived with Carano for several years in the…

2Cases cited12 opinions

  1. Matter of Estate of BealSupreme Court of Oklahoma · 1989
  2. Hunter v. BattiestSupreme Court of Oklahoma · 1920
  3. McCarty v. WeatherlySupreme Court of Oklahoma · 1922
  4. Anderson v. DavisSupreme Court of Oklahoma · 1952
  5. Antle v. HartmanSupreme Court of Oklahoma · 1944

7 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. In Re Estate of HolcombSupreme Court of Oklahoma · 2002
  2. Estate of Gerard v. GerardSupreme Court of Oklahoma · 1995
  3. Estate of Davenport v. CommissionerCourt of Appeals for the Tenth Circuit · 1999
  4. Kenneth Ray Johnston v. Dortha Nell Goss, Individually and as Trustee of the Ray Johnston Living TrustCourt of Appeals for the Tenth Circuit · 1997
  5. Berry v. NelsonCourt of Civil Appeals of Oklahoma · 1994

1 more not listed; retrieve them via the Exa API.

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