In Re Heirship of Atkins

Supreme Court of Oklahoma

In Re Heirship of Atkins

1934 OK 353, 33 P.2d 799, 168 Okla. 645, 1934 Okla. LEXIS 66

CourtSupreme Court of Oklahoma

DecidedJune 12, 1934

DocketNo. 23835

StatusPublished

Cited by3 cases

This text of 1934 OK 353 (In Re Heirship of Atkins) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Heirship of Atkins, 1934 OK 353, 33 P.2d 799, 168 Okla. 645, 1934 Okla. LEXIS 66 (Okla. 1934).

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Opinion

This is the second time the parties to this controversy have presented to this court the question: Can the children born as a result of a void marriage or purported marriage between a negro woman and a white (Indian) man be treated in law as the legitimate offspring of the white (Indian) man?

This question was answered in the affirmative by the first decision of this court. In re Atkins' Estate, also styled Atkins et al. v. Rust et al., 161 Okla. 294, 3 P.2d 682. In that ease the question was presented in an appeal which determined who could be administrator of the estate of Billie Atkins. In this case the question is presented on appeal from a judgment determining that the issue of the void marriage should participate in the distribution of the estate. The essential facts are stated in the former decision, and will not be restated herein. The Question of law is the same. Individually, the writer of this opinion is not in accord with the decision in the former case, but recognizes the same as the established law of this state. The established law in connection with a matter which may affect the title to real estate should not be changed by judicial decision.

The decision of this court in Re Atkins' Estate. supra, will be followed in the case at bar, the syllabus adopted by the court in that case will be adopted herein, and the judgment of the trial court, which is in accord therewith, is hereby affirmed.

CULLISON, V. C. J., and SWINDALL, ANDREWS, OSBORN, and BAYLESS, JJ., concur. RILEY, C. J., and McNEILL, J., dissent.

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This is the second time the parties to this controversy have presented to this court the question: Can the children born as a result of a void marriage or purported marriage between a negro woman and a white (Indian) man be treated in law as the legitimate offspring of the white (Indian) man?

This question was answered in the affirmative by the first decision of this court. In re Atkins' Estate, also styled Atkins et al. v. Rust et al., 161 Okla. 294, 3 P.2d 682. In that ease the question was presented in an appeal which determined who could be administrator of the estate of Billie Atkins. In this case the question is presented on appeal from a judgment determining that the issue of the void marriage should participate in the distribution of the estate. The essential facts are stated in the former decision, and will not be restated herein. The Question of law is the same. Individually, the writer of this opinion is not in accord with the decision in the former case, but recognizes the same as the established law of this state. The established law in connection with a matter which may affect the title to real estate should not be changed by judicial decision.

The decision of this court in Re Atkins' Estate. supra, will be followed in the case at bar, the syllabus adopted by the court in that case will be adopted herein, and the judgment of the trial court, which is in accord therewith, is hereby affirmed.

CULLISON, V. C. J., and SWINDALL, ANDREWS, OSBORN, and BAYLESS, JJ., concur. RILEY, C. J., and McNEILL, J., dissent.

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Bluebook (online)

1934 OK 353, 33 P.2d 799, 168 Okla. 645, 1934 Okla. LEXIS 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-heirship-of-atkins-okla-1934.

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