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BIGHEART v. PAPPAN

No. 72-1718.

482 F.2d 1066 (1973)

Velma Rose BIGHEART, surviving spouse of William Bigheart, Jr., Deceased, Unallotted Osage Indian, Appellant, v. John PAPPAN, Superintendent of the Osage Indian Agency, et al., Appellees, Pearl Hall et al., Intervenor-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided August 14, 1973.

Rehearing Denied September 21, 1973.

Attorney(s) appearing for the Case

Shockley T. Shoemake, of Shoemake & Briggs, Pawhuska, Okl., for appellant.

Terrence L. O'Brien, Atty., Dept. of Justice (Wallace H. Johnson, Asst. Atty. Gen., Nathan G. Graham, U. S. Atty., Robert F. Santee, Asst. U. S. Atty., and Carl Strass, Atty., Dept. of Justice, with him on the brief), for appellees.

Bruce W. Gambill, of Kelly & Gambill, Pawhuska, Okl., for intervenor-appellees.

Before SETH, BARRETT and DOYLE, Circuit Judges.

SETH, Circuit Judge.

Appellant, Velma Rose Bigheart, appeals from an order of the district court approving the administrative determination of the Department of the Interior that the 1967 will and codicil of William Bigheart, Jr. were valid and effective. William Bigheart, Jr. was a half blood Osage Indian, and appellant is decedent's widow. The decedent died on September 27, 1969, possessed of certain restricted property, and left surviving the appellant, two children...

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