Bebout v. Ewell

R.V. Bebout died testate on March 30, 1980, as a resident of Tarrant County, Texas. His Last Will and Testament, dated March 8, 1977, was admitted in the Probate Court of Tarrant County, Texas. At the time of his death, Bebout owned mineral interests in Canadian County, Oklahoma. On September 30, 1981, an ancillary Petition for Probate of Foreign Will was filed in the District Court of Canadian County. Bebout's will provided that his estate was to be distributed in trust to his wife, if she survived him. In the event his wife predeceased him, which she did, his will provided that one-half of his estate was to be distributed to his daughter, Betty Ewell, and one-half to his granddaughter, Betsy Kuykendall. The will made no mention of Bebout's son, Russell Bebout, who had predeceased him, or Bebout's grandsons, John Bebout and James Bebout (Grandsons). The Final Order in the Estate of R.V. Bebout, filed in 1982, distributed his mineral interests to his daughter and granddaughter in equal shares pursuant to the terms of his will. In 2014, the grandsons filed this action in Canadian County, alleging that the mineral interest distribution was void to the extent it failed to distribute the mineral interests one-quarter each to his grandsons who were pretermitted heirs under the will. Citing the Oklahoma Supreme Court's decision in “Booth v. McKnight,” (70 P.3d 855 (2003)), the District Court agreed with the grandsons and found the Final Order issued in 1982 was void on its face for lack of proper notice to the grandsons. The Court of Civil Appeals affirmed. After review, the Supreme Court concluded that notice to the grandsons was constitutionally sufficient, and thus, the Final Order was not void for lack of proper notice. Grandsons' challenge to the Final Order more than thirty years later was deemed untimely. View "Bebout v. Ewell" on Justia Law