Elkins v. Hardin

JACKSON, Justice.

This appeal presents a controversy between two sets of heirs which controversy will be determined by a proper construction of the joint industry proviso of the intestate succession statute (84 O.S.19S1 § 213) which provides as follows:

“ * * * Provided, that in all cases where the property is acquired by the joint industry of husband and wife during coverture, and there is no issue, the whole estate shall go to the survivor, at whose death, if any of the said property remain, one-half of such property shall go to the heirs of the husband and one-half to the heirs of the wife,…