Legal Opinion

In Re Irwin's Estate

Supreme Court of Oklahoma

Decided April 13, 1943No. 30808PublishedCited by 8 opinions

1Opinion of the CourtDavison, J.

In this case a widow who was entitled to use and occupy real property as a probate homestead first asked for and was granted an order setting aside such property as such homestead, but later and before the close of administration proceedings formally waived or attempted to waive her homestead right and consented to the sale of the property to satisfy the the claims of creditors. The decedent was not survived by minor children.

One of the other heirs of the deceased has challenged the power of the widow to waive the right after having asserted it.

The county court of Alfalfa county, where the…

2Cases cited3 opinions

  1. Hembree v. Magnolia Petroleum Co.Supreme Court of Oklahoma · 1935
  2. Fuller v. HoldermanSupreme Court of Oklahoma · 1926
  3. In Re Butler's EstateSupreme Court of Oklahoma · 1937

3Cited by8 opinions

  1. Matter of Estate of WallaceSupreme Court of Oklahoma · 1982
  2. Advantor Capital Corp. v. YearyCourt of Appeals for the Tenth Circuit · 1998
  3. Meyer v. Security National Bank of NormanSupreme Court of Oklahoma · 1956
  4. Advantor Capital Corporation, a Delaware Corporation, Formerly Known as Sonitrol Financial Corporation, and v. James Harrison Yeary Sonitrol of Oklahoma City Inc., an Oklahoma Corporation, and and Linda Jensen Yeary, Advantor Capital Corporation, a Delaware Corporation, Formerly Known as Sonitrol Financial Corporation v. James Harrison Yeary Sonitrol of Oklahoma City Inc., an Oklahoma Corporation, and Linda Jensen YearyCourt of Appeals for the Tenth Circuit · 1998
  5. Hixson v. CookSupreme Court of Oklahoma · 1962

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