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PORTER v. OKLAHOMA BACONE COLLEGE TRUST

No. 37996.

346 P.2d 335 (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, et al., 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 Wesleyan College, University of Texas, Texas A & M College, Southern Methodist University, Oklahoma A & M College, now Oklahoma State University, University of Oklahoma, Texas Christian University, Baylor University, and First Nat. Bank in Dallas as Independent Executor of the Estate (in Texas) of Murray Case Sells, deceased.

BERRY, Justice.

As indicated in our opinion in No. 38,271, 346 P.2d 328, adopted this date, the facts set forth in that opinion furnish the background for and are applicable to this appeal.

The educational institutions who appear as defendants in error in this case and who were the residuary beneficiaries under the will of Murray Case Sells, deceased, hereafter referred to as "testator...

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