PORTER v. OKLAHOMA BACONE COLLEGE TRUST

No. 38271.

346 P.2d 328 (1959)

John W. PORTER, Jr., and Jno. W. Porter, also known as John W. Porter, both individually and also as sole partners dba the law firm of Porter & Porter, Plaintiffs in Error, v. OKLAHOMA BACONE COLLEGE TRUST, John Brown University, Texas Christian University, Texas Wesleyan College, University of Texas, Texas A & M College, Southern Methodist University, Baylor University, Oklahoma State University, University of Oklahoma, The General Board of Education of the Methodist Church, a corporation, First National Bank in Dallas, Texas, The First National Bank & Trust Co. of Muskogee, Oklahoma, Bruce Bennett, Attorney General of the State of Arkansas, Will Wilson, Attorney General of the State of Texas, and Mac Q. Williamson, Attorney General of the State of Oklahoma, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied November 3, 1959.

Application for Leave to File Second Petition for Rehearing Denied November 24, 1959.


Attorney(s) appearing for the Case

Porter & Porter, Muskogee, for plaintiffs in error.

A. Carl Robinson, Julian B. Fite, Muskogee, for defendants in error Oklahoma Bacone College Trust, John Brown University, Texas Christian University, Texas Wesleyan College, University of Texas, Texas A & M College, Southern Methodist University, Baylor University, Oklahoma State University, University of Oklahoma, and First National Bank in Dallas, Texas, as independent executor.

Will Wilson, pro se, C.K. Richards, Asst. Atty. Gen., for Will Wilson, Atty. Gen. of Texas.


BERRY, Justice.

Murray Case Sells, hereafter referred to as "testator" died testate in 1953. At the time of his death testator's domicile was Gregg County, Texas.

In his last will testator named the First National Bank of Dallas, Texas, hereafter referred to as "Texas bank", as his "independent executor". The Texas bank was directed to convert all of testator's property into cash. In said will which was dated November...

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