In re ESTATE of PITMAN

In re ESTATE of PITMAN
1924 OK 915
238 P. 420
107 Okla. 112
Case Number: 15150
Decided: 10/14/1924
Supreme Court of Oklahoma

In re ESTATE of PITMAN. McMURRY et al.
v.
COLE.

Syllabus

¶0 Case Controlling. Syllabus the same as in case No. 15149, In re Guardianship of Pitman (McMurry Gd'n, v. Cole), ante. p. 108, this day handed down.

Grant Foreman, Guy F. Nelson, and J. D. Simms, for plaintiffs in error.
Neff & Neff, E. M. Frye, and J. B. A. Robertson, for defendant in error.

GORDON, J.

¶1 This cause, on appeal to the district court of Muskogee county, was presented on the same state of facts as the matter of the guardianship of Wilson S. Pitman, a minor, Joe McMurry, guardian, No. 15149 on the docket of this court, this day decided. The pertinent facts and law set forth in said cause number 151.49 are controlling in this appeal. It was submitted to the district court on the same evidence as said cause was submitted, and the judgment of the district court removing the guardians was based upon the same finding. The only essential difference in the contentions of the appellants in this case and in cause No. 15149 is that appellants contend that Rosella Cole was not related by blood to Lucinda Pitman, and did not formally prosecute the action as next friend. We think this contention goes to form and not to substance, and that the findings and conclusions in the said cause No. 15149 are fully applicable to this appeal.