Legal Opinion
Prickett v. Moore
Supreme Court of Oklahoma
Decided July 24, 1984No. 59198PublishedCited by 8 opinions
1Opinion of the Court
OPALA, Justice:
The dispositive issue on certiorari is: Where a joint tenancy estate is held by an incompetent ward with one who is sui jur-is, may the authority to sever the estate by partition and sale be conferred on the guardian in the guardianship case without giving advance notice to the competent tenant and affording her an opportunity to oppose the quest for termination of the joint-ownership regime in the asset?
We answer in the negative and hold that (1) unlike a sui juris joint tenant, neither an incompetent joint tenant nor his guardian may effectively elect to partition a joint…
2Cases cited20 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Bomford v. Socony Mobil Oil Co.Supreme Court of Oklahoma · 1968
- Hendricks v. Grant County BankSupreme Court of Oklahoma · 1963
- Chancellor v. Tenneco Oil Co.Supreme Court of Oklahoma · 1982
- Minnehan v. MinnehanMassachusetts Supreme Judicial Court · 1958
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3Cited by8 opinions
- Mayhue v. MayhueSupreme Court of Oklahoma · 1985
- Warren v. StanfieldSupreme Court of Oklahoma · 2012
- Norman v. Trison Development Corp.Supreme Court of Oklahoma · 1992
- Matter of Estate of SneedSupreme Court of Oklahoma · 1998
- Russell v. Chase Investment Services, Corp.Supreme Court of Oklahoma · 2009
3 more not listed; retrieve them via the Exa API.