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IN RE CULLY'S ESTATE

No. 36206.

276 P.2d 250 (1954)

In the Matter of the ESTATE of Cynda Charty CULLY, Seminole Roll No. 575, Deceased. James CULLY and Ambrose Cully, a Minor, Plaintiffs in Error, v. Jonah CHARTY, Executor, Homer Harjo, Wayne Edward Shaw, Hettie Harjo, now Frye, Viola Harjo, now Spain, Allen Harjo and Carlee Harjo, Defendants in Error.

Supreme Court of Oklahoma.

November 9, 1954.

Attorney(s) appearing for the Case

Charles E. Grounds and E. Keith Cooper, Seminole, for plaintiffs in error.

Mike Foster, Oklahoma City, and Allen G. Nichols, T.H. Williams, Jr., and Rudolph Hargrave, Wewoka, for defendants in error.

BLACKBIRD, Justice.

This appeal involves the right of James Cully, surviving full blood Seminole Indian, second husband of Cynda Charty Cully, another full blood Seminole, now deceased, to (probate) homestead rights in a certain 120-acre tract situated in Seminole County, that was the couple's (constitutional) homestead during her life, and on which said surviving husband and a minor son, Ambrose, continued, after her death, to reside. It also involves other questions...

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