Dispositions Other Than By Published Opinion | June 1, 2022

Oklahoma Court of Civil Appeals

Division IV

119,205 – In the Matter of: Mary Lou Shamel, Deceased.  William Frye, Heir in Estate of Mary Shamel, Appellant, v. Bobby Allison and Mary Wortman, Co-Personal Representatives, and Rebecca Johnson, Appellees.  Appeal from an Order of the District Court of Murray County, Hon. Aaron L. Duck, Trial Judge.  In this proceeding to contest a probated will, William Frye appeals from the trial court’s order (Second Corrected Order) overruling his motion and petition to vacate the order probating a will and denying his petition to contest the will against Bobby Allison and Mary Wortman (collectively, Petitioners).  We conclude the trial court did not err in finding the order admitting the decedent’s will was not void; thus, the Second Corrected Order is affirmed on that issue.  We further conclude the trial court erred in finding Petitioners did not enter a general appearance in their response to Mr. Frye’s petition; therefore, we reverse this portion of the Second Corrected Order and remand for further proceedings.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS.  Opinion from the Court of Civil Appeals, Division IV, by BARNES, P.J.; FISCHER, C.J., and HIXON, J., concur. May 25, 2022