OSCN Found Document:MATTHEWSON v. HILTON

MATTHEWSON v. HILTON
1958 OK 6

321 P.2d 396
Case Number: 37835
Decided: 01/21/1958
Supreme Court of Oklahoma


Cite as: 1958 OK 6, 321 P.2d 396

DAN MATTHEWSON, PLAINTIFF IN ERROR,
v.
STOKLEY HILTON, DEFENDANT IN ERROR.

Syllabus by the Court

¶0 1. "Until discovery of the fraud," as used in Tit. 12 O.S.1951 sec. 95(3) does not necessarily mean until the party complaining had actual notice of the fraud alleged to have been committed. Constructive notice is sufficient. Where public records required by law to be kept involve the transaction in hand and afford means of discovery of the fraud, they are constructive notice of the fraud and sufficient to start the statue.
2. Tit.
58 O.S.1951 sec. 632, imposes upon a county court acting in probate the mandatory duty of determining who are the beneficiaries, the part to which each is entitled, and the nature and extent of their interest in the estate; and in so doing it has jurisdiction to construe and interpret the will under which the property is distributed.
3. Decree of distribution of county court having jurisdiction of the settlement of a testatrix' estate, entered after due notice and hearing, is conclusive in the absence of fraud, mistake or collusion as to the rights of the parties interested in the estate, to all portions of said ester thereby ordered, and capable of being, then distributed under the will, unless reversed or modified on appeal; and such decree is not subject to collateral attack.

Appeal from the District Court of Greer County; W.P. Keen, Judge.

¶0 Action to quiet title. Judgment for plaintiff; defendant appeals. Reversed.

Rainey, Flynn & Anderson, Oklahoma City, for plaintiff in error.

Arnett & McDaniel, by Yonne P. McDaniel, Mangum, Thos. Boyers, Gallatin, Tenn., for defendant in error.

PER CURIAM.

¶1 This is an action instituted by the defendant in error herein to quiet title to certain described premises, and is in the nature of a collateral attack on a decree of distribution in the County Court of Greer County in which the property was distributed to plaintiff in error. Defendant in error's petition alleges that the decree of distribution attacked was obtained by fraud, and that it is void on the face of the judgment roll. Judgment in the trial court was for defendant in error, quieting title in him against plaintiff in error. Plaintiff in error appeals. The parties will be referred to hereinafter by their trial court designations of "plaintiff" and "defendant", respectively.

¶2 The property involved is that which constituted the estate of the defendant's deceased wife. Upon her death in December, 1938, her will was admitted to probate, and the decree of distribution here in question was entered in October, 1939. Plaintiff testified that during the probate proceedings he talked with the defendant, who was executor of the estate, concerning his claim to the property of the estate. The substance of this conversation, which plaintiff contends constitutes the fraud, is not material in our view of the matter at this time. In any event, the decree of distribution did not distribute the property as plaintiff construed the will, or in the manner he understood that defendant agreed it was to be distributed. Plaintiff testified he first learned of this alleged fraud in 1955 shortly before he instituted this action. We are of the opinion that the cause of action based on fraud is barred by the statute of limitations which the defendant asserted. Tit. 12 O.S. 1951 § 95 (3). When the decree of distribution was entered of record in the county court in 1939, constructive notice of any fraud practiced in obtaining the decree was imparted to plaintiff. This constructive notice was sufficient to establish the time from which the period of the statute must be computed, and this period has long since expired. It is not necessary that plaintiff have had actual notice of the fraud. Seigle v. Richardson, Okl., 317 P.2d 767; Harjo's Heirs v. Standley, Okl., 305 P.2d 864; Caraway v. Overholser, 182 Okl. 357, 77 P.2d 688.

¶3 We are also of the opinion that the judgment is not void. Plaintiff's contention in this regard is based solely upon his construction of the provisions of the will of the deceased which, he asserts, devised him an estate in remainder in this property. He concludes that the court lacked jurisdiction to enter a decree contrary to his interpretation of the will because the provisions thereof were so clear and unambiguous. He does not contend that legal notice was not given him or that the court lacked jurisdiction of the subject-matter. The decree of distribution entered, distributed the property to defendant in fee and specifically determined that the mention of plaintiff in the will "does not affect" the devise to defendant. We may concede for the purpose of this opinion, that the terms of the will would bear the construction contended for by plaintiff. However, this is not a direct appeal from the decree of distribution, and the authorities cited by plaintiff involving the construction of wills are not in point. We have heretofore specifically determined that in the administration of a decedent's estate the county court has jurisdiction to determine the identity of heirs or devisees and the proportion which each shall take. This determination concludes all heirs or devisees in respect to their rights by will or inheritance except as that decree may be altered on appeal or in an appropriate proceeding authorized by statute. Tit. 58 O.S. 1951 § 632 . Necessary to this determination is the authority to construe a will. Thus the determination made by the decree here attacked was within the jurisdiction of the county court and is not subject to collateral attack. The plaintiff's interest in the estate, or the lack thereof, was fixed by that decree. In re Everhart's Estate, 208 Okl. 101, 253 P.2d 174; Porter v. Hansen, 190 Okl. 429, 124 P.2d 391; Gassin v. McJunkin, 173 Okl. 210, 48 P.2d 320.

¶4 The judgment is reversed.

¶5 The Court acknowledges the aid of the Supreme Court Commission in the preparation of this opinion. After a tentative opinion was written by the Commission, the cause was assigned to a Justice of this Court. Thereafter, upon report and consideration in conference, the foregoing opinion was adopted by the Court.

 

Citationizer© Summary of Documents Citing This Document
Cite Name Level
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 1992 OK CIV APP 44, 829 P.2d 1005, 63 OBJ 1660, Gearhart Industries, Inc. v. Grayfox Operating Co.Cited
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 1970 OK CIV APP 2, 465 P.2d 797, STEINERT v. RUPPENTHALCited
 2007 OK CIV APP 114, 172 P.3d 228, HORN v. HORNDiscussed
 2010 OK CIV APP 66, 239 P.3d 160, PANGAEA EXPLORATION CORP. v. RYLANDDiscussed
Oklahoma Supreme Court Cases
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 1960 OK 223, 356 P.2d 1074, RIDDLE v. JAYCited
 1962 OK 12, 368 P.2d 987, LANDY v. FIRST NATIONAL BANK & TRUST CO. OF TULSACited
 1964 OK 98, 391 P.2d 889, OBERLANDER v. EDDINGTONCited
 1966 OK 238, 421 P.2d 257, HAYHURST v. HAYHURSTDiscussed
 2003 OK 49, 70 P.3d 855, BOOTH v. McKNIGHTDiscussed
 2005 OK 11, 109 P.3d 332, HILL v. BLEVINSCited
 1976 OK 55, 549 P.2d 1207, MATTER OF WOODWARDCited
 2016 OK 100, 382 P.3d 1028, CALVERT v. SWINFORDDiscussed
 2016 OK 108, 388 P.3d 699, SCOTT v. PETERSDiscussed
Citationizer: Table of Authority
Cite Name Level
Oklahoma Supreme Court Cases
 CiteNameLevel
 1941 OK 355, 124 P.2d 391, 190 Okla. 429, PORTER v. HANSENCited
 1938 OK 155, 77 P.2d 688, 182 Okla. 357, CARAWAY v. OVERHOLSERCited
 1953 OK 11, 253 P.2d 174, 208 Okla 101, IN RE EVERHART'S ESTATECited
 1956 OK 286, 305 P.2d 864, HARJO'S HEIRS v. STANDLEYCited
 1957 OK 58, 317 P.2d 767, SEIGLE v. RICHARDSONCited
 1935 OK 629, 48 P.2d 320, 173 Okla. 210, GASSIN v. MCJUNKINCited