# Hooper v. Clinkingbeard

> Supreme Court of Oklahoma · March 16, 1993 · 64 O.B.A.J. 813

URL: https://www.frixlaw.com/law-library/cases/5164669

## Case

- **Full name:** In the Matter of the ESTATE OF Edna L. Rogers FLOWERS, Lois L. Flowers HOOPER v. Nola CLINKINGREARD, Lillian Fowler, Ratha Reynolds and Faye Davis Dattuso
- **Court:** Supreme Court of Oklahoma
- **Decided:** March 16, 1993
- **Citations:** 64 O.B.A.J. 813; 848 P.2d 1146; 1993 OK 19; 1993 Okla. LEXIS 31
- **Precedential status:** Published
- **Opinion:** Concurrence by Hodges
- **Judges:** Hargrave, Hodges, Kauger, Lavender, Opala, Simms, Summers, Watt, Wilson
- **Cited by:** 35 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5164669

## Opinion text

HODGES, Chief Justice,
concurring specially.
The majority holds that parol evidence is admissible to resolve an ambiguity as to the testator’s intention in omitting her adopted daughter from the will. While I concur in the finding of an ambiguity, such a finding is not necessary in order to admit extrinsic evidence to determine the testator’s intent in omitting the child.
As I stated in my dissent In re Estate of Glomset, 547 P.2d 951, 954 (Okla.1976):
The purpose and legislative intent of [Okla.Stat. tit. 84, § 132] is to protect children unintentionally omitted from the will. It is not to be construed to alter the testamentary intent of the testator by including children he intentionally excluded from his estate.
There is no language in section 132 which prohibits a court from considering extrinsic evidence to determine the intent of the testator in omitting a child from a will.
Because I would admit extrinsic evidence even without a finding of ambiguity in the will, I concur specially.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5164669. Public record. Not legal advice.