Supplemental Opinion on Rehearing
WELCH, Justice.While this cause was pending on petition for rehearing, all interested parties entered into a written stipulation for the purpose of settling and adjusting all items of controversy existing between them in this cause, and in connection with the estates involved.
Said stipulation, by permission of the court, was filed herein and as affects this case and this opinion, provides in effect as follows :
1. That the opinion promulgated herein on July 28, 1959, shall become final in all respects except that the amount of the money judgment rendered against Charles S. Arthur shall be reduced to $40,000, and except that the trial court judgment quieting title to a described tract of land in Lincoln County shall be reversed and judgment rendered quieting title to said land in Charles S. Arthur and Anna' Pearson Arthur, husband and wife, as joint tenants, and:
2. That the petition for rehearing now pending in this cause shall be withdrawn and this opinion shall become final as aforesaid:
The stipulation above referred to is as follows, to-wit:
“Agreement for Settlement of Litigation and Distribution of Estates
“This Agreement made and entered into as of February 12, 1960, by and between Ira W. Arthur, administrator with the will annexed, of the estate of J. E. Shirk, deceased, and Lizzie Kaler, executrix of the estate of J. E. Shirk, deceased, (both of whom hereafter are referred to as executors of the estate of J. E. Shirk, deceased); Virgil M. *207Shaw, executor of the estate of Cassie Vance, deceased; and Lizzie Kaler and Ira W. Arthur, individually, and Edna Preston, Charles S. Arthur and Anna Pearson Arthur, Witnesseth:
“Whereas, Ira W. Arthur and Lizzie Kaler are the duly appointed, qualified and acting executors of the estate of J. E. Shirk, deceased, the administration of which estate is now pending in the County Court of Canadian County, Oklahoma, under No. 514; and,
“Whereas, Virgil M. Shaw is the duly appointed, qualified and acting executor of the estate of Cassie Vance, deceased, the administration of which estate is now pending in the County Court of Canadian County, Oklahoma, ■in cause No. 3498; and,
“Whereas, Lizzie Kaler, Ira W. Arthur, Edna Preston and Charles S. Arthur, each in their individual capacities, are the only persons having a ben•eficial interest in the properties and assets of the two above described estates; and are therefore competent to enter into engagements or contracts pertaining to the distribution and disbursement thereof; and,
“Whereas, in cause No. 15760 in the District Court of Canadian County, Oklahoma, on the 17th day of February, 1954, the executors of the estate ■of J. E. Shirk, deceased, obtained a judgment against the executor of the estate of Cassie Vance, deceased, establishing in the plaintiffs the title to certain tracts of real estate fully described in the journal entry of judgment filed in said cause, and awarding the executors of the estate of J. E. Shirk, deceased, judgment against Virgil M. Shaw, executor of the estate of Cassie Vance, deceased, in the amount of $78,797.40; and,
“Whereas, appeals were taken to the Supreme Court of Oklahoma by the executors of the estate of J. E. Shirk, ■deceased, by the executor of the estate of Cassie Vance, deceased, and by Charles S. Arthur and Anna Pearson Arthur; and,
“Whereas, in cause No. 36632 in the Supreme Court of Oklahoma, on November 17, 1954, there was filed an order dismissing the appeals of the executors of the estate of J. E. Shirk, deceased, and of Virgil M. Shaw, executor of the estate of Cassie Vance, deceased, pursuant to a stipulation filed in said cause by the executors of said respective estates; and,
“Whereas, on July 28, 1959, the Supreme Court of Oklahoma by its judgment and opinion affirmed the dismissals of the appeals by the executors of the above described estates and affirmed the judgment of the trial court with respect to the attorney fees to be paid Little and Hoyt, and with respect to the real estate located in Lincoln County, Oklahoma, but modified said judgment with respect to the amount of the judgment rendered in favor of the estate of Cassie Vance, deceased, and against Charles S. Arthur ; and,
“Whereas, the case in the Supreme Court is now pending upon a petition for rehearing filed therein by Charles S. Arthur and Anna Pearson Arthur; and,
“Whereas, it is the desire of all parties having an interest in the estates of Cassie Vance, deceased, and J. E. Shirk, deceased, and in all of the litigation hereinbefore referred to, to settle and compromise the differences existing by reason of such litigation and to procure a prompt and immediate distribution of the assets of the estates of Cassie Vance and J. E. Shirk, each deceased.
■ “Now, Therefore, in consideration of the premises and the mutual benefits flowing herefrom, It Is Agreed:
“1. That Charles S. Arthur and Anna Pearson Arthur will withdraw *208arid abandon their petition for rehearing now pending in case No. 36,632 in the Supreme Court of Oklahoma, and the opinion and judgment rendered in said cause on July 28, 1959, shall become final in all respects, except that the amount of the judgment in favor of the estate of Cassie Vance, deceased, and against Charles S. Arthur shall be reduced to $40,000,00; and,
“2. Said judgment of the District Court of Canadian County, Oklahoma, with respect to the title to the following described real estate, to-wit:
“The Southeast Quarter (SEj4) and the South One-Half (Si/⅞) of the Northeast Quarter (NEJ4) of Section 4, Township 12 North, Range 6 East of the Indian Meridian in Lincoln County, Oklahoma,
shall be modified to the extent that title to the above described real estate shall .be confirmed and quieted in Charles S. Arthur and Anna Pearson Arthur, husband and wife, as joint tenants.
“3. All legal proceedings in the State of Iowa heretofore commenced for the purpose of enforcing the judgment in favor of Virgil M. Shaw, executor of the estate of Cassie Vance, deceased, and against the property formerly owned by Charles S. Arthur shall be dismissed.
“4. The $4,000.00 attorney fee payable from the funds of the estate of Cassie Vance, deceased, and now on special' deposit in the First National Bank of.El Reno, Oklahoma, shall be paid'to. Little and Hoyt.
'■ “5: :A11 obligations existing between the éstate of' Cassie Vance, deceased, and J. E. Shirk, deceased, shall be paid and concluded.
“6. As soon as practicable, and notwithstanding any provisions of the will of J. E. Shirk, deceased, the assets belonging to that estate shall be distributed as follows:
“(a) To Lizzie Kaler in lieu of all other benefits to which she is entitled from said estate,. $20,000.00 in money; provided, that if any of such sum remains upon the death of Lizzie Kaler, it shall become and be the property of Ira W. Arthur, Edna Preston and Charles S. Arthur in equal shares,
“(b) To Ira W. Arthur and Edna Preston, as two of the distributees under the will of Cassie Vance, deceased, the sum of $13,333.34 each in money.
“(c) To Ira W. Arthur, Edna Preston and Charles S. Arthur, all of the rest and residue of said estate, consisting of real and personal property of whatsoever kind or nature, in equal shares.
“7. Immediately upon the distribution of the assets of the estate of J. E. Shirk in accordance with the foregoing, the executor of the estate of Cassie Vance, deceased, shall file a release of the judgment in case No. 15760 in the District Court of Canadian County,. Oklahoma, as modified and affirmed by the Supreme Court of Oklahoma in accordance with this stipulation.
“8. As soon as practicable the estate of Cassie Vance, deceased, shall' be distributed according to the terms of the will of said Cassie Vance.
“9. All of the parties hereto agree-to execute all contracts, stipulations,, agreements, releases, engagements or other commitments necessary to make effective the provisions hereof.
“10. It is specifically agreed that no-party hereto, his or her heirs, assigns or privies, shall commence or prosecute any action at law or equity to prevent or delay the performance of the covenants and agreements herein contained; nor will they prosecute any appeal from any judgment, order or decree made or entered pursuant to the terms hereof.
“11. The attorneys for the respective parties are authorized to sign on behalf of the parties in their individual or representative capacities all stipulations or pleadings to be filed in. *209any court to malte effective all or any portion of this agreement.
“The provisions hereof shall be binding upon the heirs, executors, administrators, personal representative, successors or assigns of the parties hereto.
“In Witness Whereof, the parties hereto have set their hands as of the day and year first above written.
“(Signed) Ira W. Arthur__
“Ira W. Arthur, Administrator with Will Annexed of Estate of J. E. Shirk, Deceased
“(Signed) Lizzie Kaler_
“Lizzie Kaler, Executrix of the Estate of J. E. Shirk, Deceased
“Rinehart, Rinehart and Rinehart
“(Signed) By J. A. Rinehart.
“Porta and Weaver
“ (Signed) By Francis Porta_
“Attorneys for Estate of J. E. Shirk, Deceased.
“(Signed) Virgil M. Shaw_
“Virgil M. Shaw, Executor of the Estate of Cassie Vance, Deceased.
(Signed) Charles A. Arthur_
Charles S. Arthur
(Signed) Anna Pearson Arthur_
Anna Pearson Arthur Little and Hoyt
(Signed) By A. K. Little__
Attorneys for Charles S. Arthur and Anna Pearson Arthur
(Signed) Ira W. Arthur_
Ira W. Arthur Individually
(Signed) Lizzie Kaler_
Lizzie Kaler, Individually
(Signed) Edna Preston_
Edna Preston”
All parties have now presented said stipulation with their application that this appeal be disposed of in accordance with such stipulation. The parties have further shown to the court that the matter of the settlement of the controversies involved herein has been presented to the County Court of Canadian County, Oklahoma, the court having jurisdiction of the administration of the estates of J. E. Shirk, deceased, and Cassie Vance, deceased, and that court on the 2nd day of May, 1960, and on the 4th day of May, 1960, respectively, authorized and directed the executors of said estates to comply with the provisions of the stipulation for the compromise of this litigation; and certified copies of the order of the County Court of Canadian County, Oklahoma, reflecting such authority are attached to and form a part of the application for decision in accordance with stipulation.
We find favor in the rule when it appears that a stipulation for determination of a pending cause is within the issues presented by the appeal and is joined in by all parties, and it appears that the approval of such stipulation would be in the furtherance of justice as stipulated by the parties, that such stipulation should be approved and the cause finally disposed of in accordance with such stipulation. Smith v. Plains Petroleum Corp. et al., 165 Okl. 100, 25 P.2d 323.
Therefore, and on account of such stipulation, the judgment of the trial court is reversed as to title to the land in Lincoln County, and the title to such land described as:
“The Southeast Quarter (SEJ4) and the South One-Half (S½) of the Northeast Quarter (NEj4) of Section 4, Township 12 North, Range 6 East *210of the Indian Meridian in Lincoln County, Oklahoma,”
is confirmed and quieted in Charles S. Arthur and Anna Pearson Arthur, husband and wife, as joint tenants.
And on account of such stipulation the judgment appealed from is modified to reduce the money judgment against Charles S. Arthur to $40,000.
The petition for rehearing pending herein is permitted to be withdrawn.
DAVISON, C. J., WILLIAMS, V. C. J., and HALLEY, JOHNSON, JACKSON and IRWIN, JJ., concur.