Tayrien's Estate, In re
| Decision Date | 05 November 1952 |
| Docket Number | No. 35606,35606 |
| Citation | 250 P.2d 16,207 Okla. 401 |
| Parties | In re TAYRIEN'S ESTATE. LUCAS v. TAYRIEN. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court.
A judicial determination of heirship in the county court either in a proceeding, under 84 O.S.1951 §§ 251 and 252, or under 58 O.S.1951 §§ 631 to 634, inclusive, is exclusive, and the county court cannot judicially determine the heirship to an estate in a proceeding, under 58 O.S.1951 §§ 621 to 625, inclusive, authorizing proceedings for a partial distribution; and the provision of said § 621, that any heir, devisee, or legatee may petition for a distribution of the share of the estate to which he is entitled means that any heir, devisee or legatee, shown by the record to be such, and concerning whose right to inherit, at the time the application is made, there is no dispute, may petition for a distribution of his share, and in such a proceeding the provisions for a determination of heirship, under the provisions of 84 O.S.1951 §§ 251 and 252, or upon final settlement and distribution, are inapplicable.
Fred B. Woodard and E. E. Heyl, Bartlesville, for plaintiff in error.
Chas. W. Pennel, and A. O. Harrison, Bartlesville, for defendant in error.
The last will and testament of Charles A. Tayrien, deceased, was admitted to probate in the County Court of Washington County, on April 6, 1951. The executrix qualified and proceeded with the administration of the estate. On the 2d day of November, 1951, prior to the filing of the final report of the executrix and prior to any proceedings to determine the heirship or distribute the estate, Emma Lucas, who was not named in the will, filed in said proceedings a pleading styled, 'Petition for Distribution by Heir'. In this pleading she alleged she was the daughter of the decedent, that she had been unintentionally omitted from mention in the will and that she was therefore entitled to receive an undivided one-third interest in said estate, and that such interest be awarded to and then distributed to her. The executrix responded by a pleading styled, 'A Motion for Judgment on the Pleadings'. This was in effect a motion to dismiss. The county court sustained the motion of the executrix.
On appeal the district court affirmed the judgment of the county court.
The petition filed by the said Emma Lucas does not attempt to comply with the provisions of 84 O.S.1951 §§ 251 and 252. It was filed prior to the filing of the final account and...
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Estate of Nation, Matter of
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Estate of Miller v. Miller
...not be made if the heirship to the estate is disputed. See In re Coyne's Estate, 103 Okl. 279, 229 P. 630 (1924); In re Tayrien's Estate, 207 Okl. 401, 250 P.2d 16 (1952). As above stated, we do not find Allen v. Allen to be dispositive of, or applicable to, this appeal as to whether Appell......