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Estate of Glomset

Supreme Court of Oklahoma
547 P.2d 951 (1976)


Facts

John Glomset, Sr. and his wife, Margie (defendant), executed reciprocal wills by which each left to the other all of his or her respective property, unless they died simultaneously, in which case their entire estate would go to their son, John Glomset, Jr. The wills made no reference to John Glomset, Sr.’s adult daughter, Carolyn Gay Ghan (plaintiff). Glomset, Sr. died, and his will was admitted to probate. Ghan moved for a declaratory judgment that she was a pretermitted heir under Oklahoma law and, consequently, entitled to a share of her father’s estate. In opposition, Margie contended that Ghan had been intentionally excluded from the will, because Ghan refused to visit her father or allow her child to see him. The trial court agreed with Ghan and declared that she was a pretermitted heir entitled to participate in the distribution of her father’s estate. Margie appealed.

Rule of Law

Issue

Holding and Reasoning (Barnes, J.)

Dissent (Hodges, J.)

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