PARKS v. LEFEBER

PARKS v. LEFEBER
1933 OK 190
20 P.2d 184
163 Okla. 6
Case Number: 22258
Decided: 03/21/1933
Supreme Court of Oklahoma

PARKS
v.
LEFEBER

Syllabus

¶0 1. Wills--Testamentary Trusts--Will Held to Constitute Widow Trustee With Power to Sell Any Portion of Estate.
Record examined, and held, that the last will and testament of 0. F. Parks, deceased, created a trust in the property composing his estate and constituted Laura Parks trustee thereof with power as trustee to sell and dispose of any portion of the estate, she to be the exclusive judge of the property to be sold and of the necessity for the sale.
2. Same--Title to Property Passed to Devisee Immediately Upon Death of Testator Subject to Control of County Court for Purpose of Administration.
Under the statutes of Oklahoma, the title to property devised or bequeathed by the terms of a will passes by operation of law to the devisees and legatees, in accordance with the provisions of the will, immediately upon the death of the testator, subject to the control of the county court for the purpose of administration, to sale by order of the county court for the purpose of paying the debts of the decedent, costs of administration, or such other charges as may exist against it, subject to partition by order of the county court, and subject to such other orders as the county court is authorized to make with reference thereto.
3. Same--Effect of Conveyance by Devisee of Property Prior to Decree of Distribution.
A devisee under the terms of a will may convey property devised to him prior to distribution under order of the county court having jurisdiction of the estate of the testator, but the property conveyed remains subject to the control of the county court for the purpose of administration, subject to sale by order of the county court for the purpose of paying the debts of the decedent, costs of administration, or such other charge as may exist against it, subject to partition by order of the county court, and subject to such other orders as the county court is authorized to make with reference thereto, and, upon distribution of the estate by the order of the county court, the share found to be due to the devisee must be distributed to the grantee of the devisee.
4. Same--Conveyance by Widow Named Executrix and Trustee Prior to Decree of Distribution.
Where, by the terms of a will, the widow of the testator is named as executrix and as trustee with power as trustee to convey the property, a conveyance made by her as trustee prior to the entry of a decree of distribution in the probate proceeding is not void, but the property conveyed by her remains subject to the control of the county court for the purpose of administration, subject to sale by order of the county court for the purpose of paying the debts of the decedent, costs of administration, or such other charge as may exist against it, subject to partition by order of the county court, and subject to such other orders as the county court is authorized to make with reference thereto.

Appeal from District Court, Muskogee County; W. J. Crump, Judge.

Action by Mrs. G. W. Lefeber against Laura Parks and others. Judgment for plaintiff and defendants appeal. Affirmed.

Hagan & Gavin, for plaintiffs in error.
Irwin Donovan, for defendant in error.

ANDREWS, J.

¶1 This cause is in this court on appeal from a judgment of the district court of Muskogee county, decreeing a foreclosure of a real estate mortgage on the land involved in this action, in favor of the defendant in error and barring the plaintiffs in error and all persons claiming by, through, or under them, or any of them, from all right, title, interest, lien, estate, or equity of redemption in and to that real estate.

¶2 The issues presented on this appeal are identical with those presented in cause No. 21057, Laura Parks et al. v. Mrs. G. W. Lefeber, this day decided, 162 Okla. 265, 20 P.2d 179. There are no differences in the facts disclosed by the record in this case from the facts disclosed by the record in that case which require the application of a different rule of law. The issues in this case have been determined by the decision in that case.

¶3 We find no error in the judgment of the trial court, and that judgment is in all things affirmed.