Simler v. Wilson, No. 4656.
| Court | United States Courts of Appeals. United States Court of Appeals (10th Circuit) |
| Writing for the Court | PHILLIPS, , and BRATTON and MURRAH, Circuit |
| Citation | 210 F.2d 99 |
| Docket Number | No. 4656. |
| Decision Date | 26 April 1954 |
| Parties | SIMLER v. WILSON et al. |
210 F.2d 99 (1953)
SIMLER
v.
WILSON et al.
No. 4656.
United States Court of Appeals Tenth Circuit.
November 9, 1953.
Rehearing Denied March 3, 1954.
Writ of Certiorari Denied April 26, 1954.
James E. Grigsby, Oklahoma City, Okl. (Leslie L. Conner, Charles W. Conner, Arnold B. Britton, and Phil E. Daugherty, Oklahoma City, Okl., were with him on the brief), for appellant.
Fred E. Suits, Oklahoma City, Okl. (Mary L. Weiss, Oklahoma City, Okl., was with him on the brief), for appellees.
Before PHILLIPS, Chief Judge, and BRATTON and MURRAH, Circuit Judges.
Writ of Certiorari Denied April 26, 1954. See 74 S.Ct. 681.
BRATTON, Circuit Judge.
With provisos not having any present material bearing, section 2, article 22, of the Constitution of Oklahoma provides among other things that no corporation doing business in the state shall buy, acquire, trade, or deal in real estate for any purpose except such as may be located in cities and towns and in additions thereto, and except such as shall be necessary and proper for carrying on the business for which the corporation was chartered or licensed. The Business Corporation Act of Oklahoma was enacted in 1947. Section 20 of the Act, 18 O.S.1951 § 1.20, provides that no corporation of any sort, whether coming within the general scope of the Act or not, shall, except as therein provided, take, hold, or own any real estate located in the state outside of any incorporated city, town, or addition thereto. The section further provides that nothing contained in the Act shall be construed as prohibiting the taking, holding, or owning of such real estate as is necessary and proper for carrying on the business for which any corporation was lawfully formed or domesticated in the state. And the section contains other provisions but they are not material here. Section 21, 18 O.S.1951 § 1.21, provides that any person who shall take or hold any real estate for the use or benefit of any corporation with the intent of evading the provisions of section 20 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as therein specified; and that any corporation which shall fail or refuse to file a statement as required by section 22 shall be deemed guilty of a misdemeanor, and upon conviction
By residuary provision contained in her will, Birdine Fletcher devised and bequeathed all of the rest, residue, and remainder of her property wherever situated to Mount Alverno Convent, of Maryville, Missouri, St. Francis Hospital of Maryville, Missouri, and St. Anthony Hospital, of Oklahoma City, Oklahoma. Sisters of St. Francis, a corporation organized under the laws of Missouri, owns and controls the three residuary devisees named in the will. The testatrix died in 1952, owning at the time of her death among other property a tract of land in Oklahoma containing 160 acres. The will was submitted to the county court of Oklahoma County, Oklahoma, for probate. A. J. Simler lodged objections to the probate of the will. The county court admitted the will to probate and Simler appealed to the district court. While the proceeding was pending on appeal, Simler, as surviving brother and sole heir of the decedent, instituted in the United States Court for Western Oklahoma this action against the executor of the estate of the decedent and Sisters of St. Francis seeking a declaratory judgment determining that the residuary devise in the will was void insofar as it related to the tract of land in Oklahoma for want of capacity of the defendant corporation to accept, receive, and own, such devise, and further determining that in respect to such real estate the decedent died intestate. The defendants filed a motion to dismiss the action. The State of Oklahoma, on the relation of the County Attorney of the county in which the land is situated, filed a motion for leave to intervene. A complaint in intervention accompanied the motion. In the complaint it was alleged that the devise of the real estate to the named devisees in the general residuary provision in the will was void and that such property should be escheated to the state. Holding that the question of the invalidity of the devise by reason of the incapacity of the defendant corporation to take or hold the real estate could be raised only by the state in a direct proceeding, and that plaintiff in his capacity as sole heir of the decedent was not the proper party to challenge the right of the defendant corporation to benefit from the devise in question, the court entered judgment dismissing the action and denying the application to intervene as there was no pending action subject to intervention. 110 F.Supp. 761. Plaintiff appealed.
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GALION IRON WORKS AND MANUFACTURING CO. v. Russell, Civ. A. No. 705.
...are present, and so long as it does not interfere with the administration of the estate in a state court. Simler v. Wilson, 10 Cir., 210 F.2d 99; same case on last grant of certiorari 350 U.S. 892, 76 S.Ct. 153 100 L. Ed. 98; Sutton v. English, 246 U.S. 199, 205, 38 S.Ct. 254, 62 L.Ed. 664;......
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Jackson v. United States National Bank, Portland, Ore., Civ. No. 8752.
...denied 1919, 253 U.S. 488, 40 S.Ct. 485, 64 L.Ed. 1027; Simler v. Wilson, D.C.W.D.Okl., 110 F. Supp. 761, 763, reversed 10 Cir., 1953, 210 F.2d 99, 102, reversed per curiam 1955, 350 U.S. 892, 76 S.Ct. 153, 100 L. Ed. 785 (semble); Ferguson v. Patterson, 10 Cir., 1951, 191 F.2d And since "e......
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People v. Ohio Casualty Insurance Company, No. 5272.
...10 Cir., 180 F.2d 523; Ferguson v. Patterson, 10 Cir., 191 F.2d 584; Rice v. Sayers, 10 Cir., 198 F.2d 724; Simler v. Wilson, 10 Cir., 210 F.2d 99; Erwin v. Barrow, 10 Cir., 217 F.2d Colorado courts have sustained general equity jurisdiction to inquire into "the acts of one performing the d......
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Harris v. Pollock, No. 72-1364.
...equity jurisdiction, a federal court in the state has jurisdiction of a like suit, if diversity requisites are met. See Simler v. Wilson, 210 F.2d 99, 102 (10th Cir.), cert. denied, 347 U.S. 954, 74 S.Ct. 681, 98 L.Ed. 1099; Barnhart v. Hickman, 435 F.2d 913, 915 (10th We have considered th......
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Jackson v. United States National Bank, Portland, Ore., Civ. No. 8752.
...denied 1919, 253 U.S. 488, 40 S.Ct. 485, 64 L.Ed. 1027; Simler v. Wilson, D.C.W.D.Okl., 110 F. Supp. 761, 763, reversed 10 Cir., 1953, 210 F.2d 99, 102, reversed per curiam 1955, 350 U.S. 892, 76 S.Ct. 153, 100 L. Ed. 785 (semble); Ferguson v. Patterson, 10 Cir., 1951, 191 F.2d And since "e......
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GALION IRON WORKS AND MANUFACTURING CO. v. Russell, Civ. A. No. 705.
...are present, and so long as it does not interfere with the administration of the estate in a state court. Simler v. Wilson, 10 Cir., 210 F.2d 99; same case on last grant of certiorari 350 U.S. 892, 76 S.Ct. 153 100 L. Ed. 98; Sutton v. English, 246 U.S. 199, 205, 38 S.Ct. 254, 62 L.Ed. 664;......
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People v. Ohio Casualty Insurance Company, No. 5272.
...10 Cir., 180 F.2d 523; Ferguson v. Patterson, 10 Cir., 191 F.2d 584; Rice v. Sayers, 10 Cir., 198 F.2d 724; Simler v. Wilson, 10 Cir., 210 F.2d 99; Erwin v. Barrow, 10 Cir., 217 F.2d Colorado courts have sustained general equity jurisdiction to inquire into "the acts of one performing the d......
-
Harris v. Pollock, No. 72-1364.
...equity jurisdiction, a federal court in the state has jurisdiction of a like suit, if diversity requisites are met. See Simler v. Wilson, 210 F.2d 99, 102 (10th Cir.), cert. denied, 347 U.S. 954, 74 S.Ct. 681, 98 L.Ed. 1099; Barnhart v. Hickman, 435 F.2d 913, 915 (10th We have considered th......