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plaintiffdefendanttrialwill
plaintiffdefendantwilladoption

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Dilks v. Carson, 197 Okla. 128, 168 P.2d 1020, 1946 OK 108

Facts

Oma Dilks, the plaintiff, claimed to be the daughter of Tom Dilks, who executed a will in 1940 that excluded her and left his estate to his wife, Maude Alma Dilks Carson. Tom Dilks and Oma's mother separated shortly after her birth in 1902, and he did not have contact with her after 1907. He remarried in 1911 and lived with his second wife until his death in 1941, during which time they adopted two children. The will stated he had no children except for his adopted children, leading to the dispute over whether Oma was intentionally omitted.

The record discloses that Tom Dilks and plaintiff's mother, Lackey Manis, were married in 1897. Shortly after the birth of plaintiff in 1902, Dilks and his wife separated and did not live together thereafter. In 1911, Dilks and defendant were married and lived together from that date until his death in 1941.

Issue

Did Tom Dilks intentionally omit his daughter, Oma Dilks, from his will?

Did Tom Dilks intentionally omit his daughter, Oma Dilks, from his will?

Rule

The intention of a testator regarding the omission of a child from a will can be determined by interpreting the language of the will in light of the circumstances under which it was made, excluding oral declarations.

Where the language of a will gives rise to an uncertainty as to whether a testator intentionally omitted to provide for a child or the issue of a deceased child, the intention of the testator may be ascertained by interpreting such language in the light of the circumstances under which the will was made, excluding the oral declarations of the testator.

Analysis

The court analyzed the language of Tom Dilks' will, which stated he had no children except for his adopted children, and considered the circumstances surrounding its execution. The evidence showed that he had not seen or communicated with Oma for many years and had denied her paternity. The court concluded that the will's language, when interpreted with the surrounding circumstances, indicated that he intentionally excluded her from his estate.

Interpreting testator's language in the light of these circumstances, we think it plain, (1) that by his statement that he had no child nor children except his adopted son and daughter testator intended to deny the paternity of plaintiff, and (2) that he referred to plaintiff when he stated that he excluded from his will ‘any and all other persons claiming to be my child by adoption or otherwise.’

Conclusion

The court reversed the trial court's judgment and directed that judgment be entered for the defendant, Maude Alma Dilks Carson, affirming that Tom Dilks intentionally omitted his daughter from his will.

Judgment reversed with directions to enter judgment for defendant.

Who won?

Maude Alma Dilks Carson prevailed in the case because the court found that Tom Dilks intentionally excluded his daughter from his will, as evidenced by the language used in the will and the circumstances of his life.

The court found that testator's language, interpreted in the light of these circumstances, discloses that plaintiff was intentionally omitted from his will.

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