Opinion
No. 27841.
January 18, 1938. Rehearing Denied February 8, 1938.
(Syllabus.)
1. Wills — Will Held to Constitute Wife Trustee of Estate With Full Power of Disposition.
The last will and testament of O.F. Parks, deceased, created a trust in the property composing his estate and constituted Laura Parks trustee thereof with power as trustee to sell and dispose of any portion of the estate, she to be, the exclusive judge of the property to be sold and the necessity for the sale.
2. Same — Trustee's Authority to Mortgage Real Estate.
Where a will has created a trust in the property belonging to the estate of the testator and constituted the wife as trustee and the will provides: "* * * I give my wife the right to manage, control and lease any and all of my property during her natural life or widowhood with full authority and right to sell and dispose of any portion of my said estate for the purpose of maintenance land education of our said children or for the purpose of reinvesting same, she to be the exclusive judge of the property to be sold and of the necessity for sale, as well as the reinvestment of same, and she is to act independent of the action of any court. * * * I desire and I hereby give my full management and control of my estate with authority to sell and make deed or deeds of conveyance to any part or parts thereof, for the purpose of maintaining herself and our children, and for the purpose of reinvestment and to reinvest Same as to her may seem for the best interest of our estate, and I hereby give her full authority to reinvest any part of said estate as to her may seem for the best interest of my estate, so long as she remains a widow, or so long as she may desire to hold the community estate together, she to be the exclusive judge of the necessity to sell, and of the kind of investment to be made," the trustee has power and authority to mortgage the real estate belonging to the estate and the authority to mortgage will not depend upon any particular disposition by the trustee of the proceeds received in consideration of such mortgage.
3. Same — Oral Declarations of Testator as to Intentions Held Inadmissible.
Testimony of witness attempting to narrate oral declarations of testator concerning his intentions at the time of making the will was properly disallowed.
Appeal from District Court, Tulsa County; Bradford J. Williams, Judge.
Action on cross-petition by W.E. Rowsey against Laura Parks and others. Judgment for cross-petitioner, W.E. Rowsey. Defendants Laura Parks et al. appealed. Affirmed.
West Davidson, for plaintiffs in error.
Thomas J. Wiley, for defendant in error.
This cause is here on appeal from a judgment of the district court of Tulsa county, decreeing foreclosure of a real estate mortgage on certain lands composing a part of the estate of O.F. Parks, deceased.
The issues in this case are identical with those in case No. 27840, Laura Parks et al. v. Central Life Assurance Society (Mutual) et al., this day decided, 181 Okla. 638, 75 P.2d 1111, except that different parcels of land are involved.
It was stipulated that the briefs should be considered and used in both cases. It was further stipulated that the issues in the instant case are the same as in No. 27840, wherein W.E. Rowsey is a defendant in error.
We find no difference in the facts disclosed by the record in this case which require the application of a different rule of law. The issues in this case are held to have been fully determined by the decision in No. 27840, Laura Parks et al. v. Central Life Assurance Society (Mutual), supra, and which are decisive and controlling in this case.
We find no error in the judgment of the trial court, and the same is affirmed.
OSBORN, C. J., and RILEY, PHELPS and GIBSON, JJ., concur.