Okla. Stat. tit. 58, § 58-41
This is the official text of Okla. Stat. tit. 58, § 58-41, part of Oklahoma’s Stat. tit. 58, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 58,." Browse the sections below, each linked to its official government source.
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Proceedings on contest
Official statutory text
If anyone appears to contest the will, he must file written
grounds of opposition to the probate thereof, and serve a copy on
the petitioner and other residents of the county interested in the
estate, any one or more of whom may demur thereto upon any of the
grounds of demurrer allowed by law in civil actions. If the
demurrer be sustained, the court must allow the contestant a
reasonable time, not exceeding ten (10) days, within which to amend
his written opposition. If the demurrer is overruled, the
petitioner and others interested may jointly or separately answer
the contestant's grounds, traversing or otherwise obviating or
avoiding the objections. Any issues of fact thus raised, involving:
1. The competency of the decedent to make a last will and
testament.
2. The freedom of the decedent at the time of the execution of
the will from duress, menace, fraud, or undue influence.
3. The due execution and attestation of the will by the
decedent or subscribing witnesses; or,
4. Any other questions substantially affecting the validity of
the will must be tried and determined by the court.
On the trial the contestant is plaintiff, and the petitioner is
defendant.
R.L. 1910, § 6210.
grounds of opposition to the probate thereof, and serve a copy on
the petitioner and other residents of the county interested in the
estate, any one or more of whom may demur thereto upon any of the
grounds of demurrer allowed by law in civil actions. If the
demurrer be sustained, the court must allow the contestant a
reasonable time, not exceeding ten (10) days, within which to amend
his written opposition. If the demurrer is overruled, the
petitioner and others interested may jointly or separately answer
the contestant's grounds, traversing or otherwise obviating or
avoiding the objections. Any issues of fact thus raised, involving:
1. The competency of the decedent to make a last will and
testament.
2. The freedom of the decedent at the time of the execution of
the will from duress, menace, fraud, or undue influence.
3. The due execution and attestation of the will by the
decedent or subscribing witnesses; or,
4. Any other questions substantially affecting the validity of
the will must be tried and determined by the court.
On the trial the contestant is plaintiff, and the petitioner is
defendant.
R.L. 1910, § 6210.
Status: in_force · Read it on the official government site
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