Supreme Court of Oklahoma, 1920

The court affirmed denial of probate for an instrument executed by a condemned inmate that purported to leave all of his property to his attorney. It upheld findings that the instrument was not intended as a will, that the decedent lacked testamentary capacity, and that the instrument resulted from undue influence.

The court reversed a judgment entered after the trial court sustained a demurrer to defenses challenging a prior mortgage foreclosure. It held that the attached foreclosure record could be examined to determine the type of service on the husband, that extrinsic evidence may establish lack of service on the wife…