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WILKIN v. WILKIN TRUST

Civ. No. 65-168.

261 F.Supp. 977 (1966)

Dr. Mabel G. WILKIN et al., Complainants, v. R. H. WILKIN TRUST, John A. Bush and R. G. Glass, Trustees, Defendants, Charles Nesbitt, Attorney General of the State of Oklahoma, Intervenor.

United States District Court W. D. Oklahoma.

December 29, 1966.

Attorney(s) appearing for the Case

W. H. Betts, Hempstead, Tex., and John H. Cantrell, Lee B. Thompson and Ralph G. Thompson of Cantrell, Douglas, Thompson & Wilson, Oklahoma City, Okl., for plaintiffs.

Jack Ewing Wilson of Miller, Melone, Wilson, Adams & Spencer, Oklahoma City, Okl., and Garrett Morris, Ft. Worth, Tex., for intervening plaintiffs Elizabeth Ann Wright Morris and Harriet Wright Fischer and for defendant James R. Wright.

V. P. Crowe and Paul R. McDaniel of Crowe, Boxley, Dunlevy, Thweatt, Swinford & Johnson, Oklahoma City, Okl., for Wilkin Trust & Trustees.

James R. Fuson, Asst. Atty. Gen., and Charles Nesbitt, Atty. Gen., of Okl., for Charles Nesbitt as Atty. Gen.

Houston E. Holmes, Jr., of Worsham, Forsythe & Woodburn, Dallas, Tex., for Ed Rose and Catherine Bradley.

MEMORANDUM OPINION

DAUGHERTY, District Judge.

In this diversity suit the plaintiffs, heirs of R. H. Wilkin, Deceased, challenge the validity of a charitable trust set out in Article Five, paragraph (m), of the last will and testament of said R. H. Wilkin. The Trust itself and the Trustees thereof were named as defendants. The defendants deny the allegations of the plaintiffs and assert that the charitable trust is valid. The Attorney General of Oklahoma...

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