DAVIS v. JONES

No. 5630.

254 F.2d 696 (1958)

John F. DAVIS, Trustee of the Estate of Cumseh Bear, deceased, Appellant, v. Mary JONES, Administratrix of the Estate of Cumseh Bear, deceased; Alice Bear, Guardian of Janie Alene Bear, Rosina Louise Bear, John Allen Bear and Ivan Eugene Bear, minors; and United States of America, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied May 8, 1958.


Attorney(s) appearing for the Case

W. F. Semple, Tulsa, Okl., for appellant.

Creekmore Wallace, Pryor, Okl. (Jack Jenkins, Pueblo, Colo., was with him on the brief), for appellees Mary Jones, Administratrix of the Estate of Cumseh Bear, deceased, and Alice Bear, Guardian of Janie Alene Bear, Rosina Louise Bear, John Allen Bear and Ivan Eugene Bear, Minors.

Robert S. Griswold, Jr., Atty., Dept. of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., Frank D. McSherry, U. S. Atty., Muskogee, Okl., and Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., were with him on the brief), for appellee United States.

Before BRATTON, Chief Judge, and PICKETT and LEWIS, Circuit Judges.


BRATTON, Chief Judge.

John F. Davis, trustee of the estate of Cumseh Bear, a full-blood Creek Indian, hereinafter referred to as Cumseh, filed in the District Court of Okfuskee County, Oklahoma, a petition for the approval of his final report as such trustee. In the petition, the trustee sought approval and confirmation of the report and an adjudication of no liability to the trust estate except that disclosed by the report. The report was filed with the petition...

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