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Estate of Glomset

Supreme Court of Oklahoma

547 P.2d 951 (1976)

Relevant factsFree

John Glomset, Sr. and his wife Margie (defendant) executed reciprocal wills leaving everything to each other, with their son John Jr. as sole beneficiary if they died simultaneously; neither will mentioned Glomset Sr.'s adult daughter, Carolyn Gay Ghan (plaintiff), who had refused to visit her father or let her child see him. After Glomset Sr. died, Ghan sought a declaration that she was a pretermitted heir entitled to a statutory share; Margie argued Ghan had been intentionally excluded given their estranged relationship. The trial court agreed with Ghan and declared her a pretermitted heir; Margie appealed.

IssueFree

Whether, under Oklahoma law, a testator's child not mentioned in the will is deemed to be unintentionally omitted if the will is unambiguous and shows no intent to disinherit on its face.

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