Farmer Ray's Will
The earliest reported case we can find involving one of our partner's occurred in 1898 and dealt with Farmer Ray's Will.
The following portion of an opinion rendered in 1902 by the Supreme Court of Oklahoma Territory tells of the hazards of early day life in the Oklahoma Territory and how we've helped folks for parts of three centuries including Farmer Ray's heirs.
You can see the complete official
Pacific Reporter version of the Supreme Court's opinion by clicking on the thumbnail image at the left.
"John
M. Ray was a farmer living on a homestead claim in Grant county. On
June 4, 1898, he was sitting outside of his house, in company with a
young man by the name of Elmer M. Thompson. While sitting there,
engaged in conversation, a rabbit ran along by the side of a corncrib
which was located a short distance from the house.
Thompson remarked
that the rabbit would be a good shot, and then went into the house and
got the gun, and when he returned he walked out a few steps from the
house, and fired. The bullet struck a stone and glanced, accidentally
striking Ray in the breast, and went clear through his body. A
physician was called, and stated to Ray, after examining him that he
(Ray) was in a critical condition, and if he had anything to say, or
any request to make, he had better say it before the wound was dressed.
Ray replied that he had a request to make, and asked the physician to
call in two young men (one of whom was the young man who accidentally
shot him), and he then told these gentlemen that he desired Mr. and
Mrs. Hawks to have all of his property after his debts were paid, and
that he also desired them to have his claim if they could prove up on
it and hold it.
This statement was made on the same day he was shot,
and he died from the effects of this gunshot wound some four days
later. On June 30, 1898, this request was reduced to writing, and was
afterwards admitted to probate as the nuncupative will of the deceased,
and the property all awarded by the probate court to Mr. and Mrs.
Hawks. From this order Marshall Ray, the surviving brother of the
deceased, appealed to the district court, and the judgment was there
affirmed, and Ray then appealed to this court.
The appellant makes the
point against the judgment that the written will is not the same as the
spoken words; that the spoken words willed everything to Mr. and Mrs.
Hawks, while the written will gives everything to Mr. Hawks. The other
side, however, contends that this is immaterial, because the probate
court, and the district court, too, ordered the property distributed
pursuant to the spoken words; and other questions are raised and
discussed, but after examining our own statute we deem it unnecessary
to pass upon any of them."
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