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CAESAR v. BURGESS

No. 1767.

103 F.2d 503 (1939)

CAESAR v. BURGESS et al.

Circuit Court of Appeals, Tenth Circuit.

April 11, 1939.

Attorney(s) appearing for the Case

William W. Pryor and Glenn O. Wallace, both of Wewoka, Okl., for appellant.

William H. Churchwell, Atty., Department of Justice, of Washington, D. C., and Charles N. Champion, Asst. U. S. Atty., of Muskogee, Okl. (Cleon A. Summers, U. S. Atty., of Muskogee, Okl., on the brief), for appellee United States.

Louis A. Ledbetter, of Wewoka, Okl. (John T. Cooper and Bat Shunatona, both of Wewoka, Okl., Luther Bohanon, of Oklahoma City, Okl., and Arthur S. Wells, of Wewoka, Okl., and Tom Huser, of Oklahoma City, Okl., on the brief), for other appellees.

Before PHILLIPS and BRATTON, Circuit Judges, and VAUGHT, District Judge.

BRATTON, Circuit Judge.

This is a proceeding for the probate of a will of an Indian. The facts are not in dispute. Jeanetta Burgess, nee Tiger, an enrolled full blood restricted Creek Indian, executed her last will and testament in which she bequeathed to her eight living children and a stepson, each, the sum of $25, and to her husband, John Caesar or John Burgess, the rest, residue, and remainder of her estate. No provision was made for two grandchildren, the issue...

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