In re Estate of Jackson
Oklahoma Supreme Court
194 P.3d 1269 (2008)
- Written by Eric Miller, JD
Facts
Johnny Benjamin (plaintiff) petitioned to be named the personal representative of the estate of his late father, Walter Jackson. The trial court found that Jackson had died intestate and that Benjamin was Jackson’s sole surviving heir. Robena Butler and Harris Butler (defendants) were cotrustees of a revocable inter vivos trust created by Jackson and his wife, who was also deceased. Benjamin brought an intraprobate action against the Butlers, seeking their removal from the trust and the disgorgement of any trust assets that had been distributed to them. To support this action, Butler invoked Oklahoma’s pretermitted-heir statute, which applied to unintentional omission of a testator’s children from the testator’s will. Benjamin moved for partial summary judgment. The trial court denied the motion, holding that the pretermitted-heir statute did not apply to trusts. The court of appeals affirmed. Benjamin appealed to the Oklahoma Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Taylor, J.)
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