BERRY v. BROKESHOULDER

No. 3493.

162 F.2d 651 (1947)

BERRY v. BROKESHOULDER et al.

Circuit Court of Appeals, Tenth Circuit.

July 18, 1947.


Attorney(s) appearing for the Case

H. A. Ledbetter, of Ardmore, Okl., for appellant.

Guy H. Sigler, of Ardmore, Okl. (P. M. Jackson, of Ardmore, Okl., on the brief), for appellees.

A. Devitt Vanech, Asst. Atty. Gen., Cleon A. Summers, U. S. Atty., and Francis Stewart, Asst. U. S. Atty., both of Muskogee, Okl. (Roger P. Marquis and Alvin O. West, Attys. Department of Justice, both of Washington, D. C., on the brief), for appellee United States of America.

Before PHILLIPS, BRATTON and MURRAH, Circuit Judges.


BRATTON, Circuit Judge.

Johnson Postoak, a Mississippi Choctaw Indian of the full-blood, died seized of certain land in Pontotoc County, Oklahoma, which had been alloted to him and was restricted against alienation. At the time of his death, the allottee left surviving him neither father, mother, wife, nor children, but he was survived by certain grandchildren. Charles Berry filed in the county court a petition to probate a will executed by the allottee, dated January...

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