Howard v. Estate of Smith

HALLEY, Justice.

Commodore Perry Smith was a blacksmith at Caney, Oklahoma. On the morning of March 17, 1947, he went to the grocery store of A. D. Phillips in Caney and asked Mr. Phillips to prepare a will -.for him which Mr. Phillips did. A man by the name of O. H. Fryer also a resident of the town was in the Phillips’ store at the time. He overheard enough of the conversation between Smith and Phillips to know that Phillips was preparing a will for Smith. He started to leave and Mr. Phillips called him back. We quote Fryer’s testimony in the District Court:

“Q. How did it happen that you…