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IN RE HE-AH-TO-ME'S ESTATE

No. 37446.

325 P.2d 746 (1958)

In the Matter of the ESTATE OF HE-AH-TO-ME, Osage Allottee No. 134, Deceased. Imogene Jefferson IRONS and Omer L. Jefferson, Jr., Plaintiffs in Error, v. John TALLCHIEF, Administrator of the Estate of Josephine Butler Tallchief, John Tallchief, Vernon Butler, Linda Kay Butler, Albert Waters, Omer L. Jefferson, Cecelia Tallchief, Charles Red Eagle, Omer Charles Tallchief, and Harold West, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied May 20, 1958.

Attorney(s) appearing for the Case

F.W. Files, Pawhuska, for plaintiffs in error.

Tillman & Tillman, Pawhuska, for defendants in error.

John L. Arrington, and John L. Arrington, Jr., Pawhuska, for Harold West, defendant in error.

BLACKBIRD, Justice.

The present appeal arises out of a controversy as to the proper devolution of a portion of the estate of an allottee-member of the Osage Tribe of Indians, named He-ah-to-me, who died May 18, 1929, while a resident of Osage County, Oklahoma. Said portion, whose value aggregates more than $200,000, was described in said decedent's will as "two-sevenths of all monies, bonds, securities and like property owned...

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