HOMOVICH v. CHAPMAN

No. 10778.

191 F.2d 761 (1951)

HOMOVICH v. CHAPMAN, Secretary of the Interior, et al.

United States Court of Appeals District of Columbia Circuit.

Decided June 21, 1951.


Attorney(s) appearing for the Case

William S. Hamilton, of the Bar of the Supreme Court of Oklahoma, Pawhuska, Okl., pro hac vice, by special leave of Court, and Joseph J. Smith, Jr., Washington, D. C., with whom O. R. McGuire, Jr., Washington, D. C., was on the brief, for appellant.

Houston Bus Hill, of the Bar of the Supreme Court of Oklahoma, Oklahoma City, Okl., pro hac vice, by special leave of Court, with whom William E. Leahy and William J. Hughes, Jr., Washington, D. C., were on the brief, for appellees George Homovich, Maude Homovich Red Elk, Bessie Homovich, and Wook-Kah-Nah.

Fred W. Smith, Atty., Department of Justice, Washington, D. C., with whom Asst. Atty. Gen. A. Devitt Vanech and Roger P. Marquis, Atty., Department of Justice, Washington, D. C., were on the brief, for appellee Chapman.

Before EDGERTON, PRETTYMAN and BAZELON, Circuit Judges.


PRETTYMAN, Circuit Judge.

Herbert Homovich was a Comanche Indian. He owned trust and restricted property appraised at some $162,000. On June 4, 1947, he went to an office of the United States Indian Service to make a will. An employee of that Service assisted him. He used a printed form prepared and published by the Department of the Interior for that purpose.1 He left the property to various collateral relatives and stated that the reason...

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