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[DOWNLOAD] "Funnell v. Funnell" by Supreme Court of the State of Oklahoma * Book PDF Kindle ePub Free

Funnell v. Funnell

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eBook details

  • Title: Funnell v. Funnell
  • Author : Supreme Court of the State of Oklahoma
  • Release Date : January 16, 1978
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

1 Appellant, Roberta Ann Funnell, hereinafter referred to as plaintiff, filed a petition in the trial court setting out ten causes of action. Defendants were Harriet Hunt Funnell and James D. Funnell, who were sued both individually and as co-executors of the last will and testament of Joseph W. Funnell, deceased. Plaintiff is the former wife of decedent; the individual defendants are his widow and brother. After lengthy and time-consuming proceedings during which the original trial judge disqualified and plaintiff changed counsel, defendants, both individually and as co-executors, filed a demurrer upon the ground that no cause of action was stated, and various motions to make more definite and certain and motions to strike, directed to plaintiffs fourth amended petition. Treating the motions to strike as demurrers, the trial judge sustained the demurrer in toto as to the individual defendants; as to the defendants as co-executors, the demurrer was overruled as to the fifth and tenth causes of action and sustained as to all the others. When plaintiff elected to stand on her fourth amended petition without further amendment, judgment of dismissal was entered in accordance with the order sustaining the demurrers. Plaintiff then appealed to this Court.


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