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STUART v. TAPP

Nos. 1261, 1262.

81 F.2d 155 (1935)

STUART v. TAPP et al. TAPP et al. v. STUART.

Circuit Court of Appeals, Tenth Circuit.

December 9, 1935.

Attorney(s) appearing for the Case

Ralph A. Barney, of Pawhuska, Okl. (M. L. Holcombe, of Pawhuska, Okl., Clarence Lohman, of Houston, Tex., and Robert Stuart, of Pawhuska, Okl., on the briefs), for Stuart.

John M. Goldesberry, of Tulsa, Okl. (Gerald B. Klein and George W. Reed, Jr., both of Tulsa, Okl., on the briefs), for M. E. Tapp and others.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

PHILLIPS, Circuit Judge.

This is a suit in equity brought by Milford E. Tapp, surviving son, and Charles H. Tapp, surviving husband of Mary Belle Tapp against Charles F. Stuart for an accounting of moneys paid to him as special administrator and administrator with the will annexed of Mary Belle Tapp.

Mary Belle Tapp was an enrolled Osage allottee of one-sixteenth Indian blood and had a certificate of competency. Charles H. Tapp is not of Indian blood. Milford...

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