Hester v. Wilson

DOOLIN, Justice:

Certiorari was granted in this case under Rule 3.13(A)(4), 12 O.S. 1981, Ch. 15, App. 3.

In O’Neill v. Cox, 270 P.2d 663 (Okl.1954), we held that the phrase “I hereby state and declare that I have no children and have never had any children,” found in a will, sufficiently expressed the testator’s intention to disinherit his child. In the instant case the testator included in his will the words, “I declare that I am not married and that I have no children.”

The preterminated heir statute, 84 O.S. 1981, § 132, provides:

“When any testator omits to provide in his will for any of his…