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MATTER OF ESTATE OF TAYRIEN

No. 50849.

609 P.2d 752 (1980)

In the Matter of the ESTATE of Thomas TAYRIEN, Deceased. John J. McGRATH, III, Appellant, v. Maudie J. McANELLY, Alberty Pearman and Elmer C. Tayrien, Appellees.

Supreme Court of Oklahoma.

Rehearing Denied April 28, 1980.

Attorney(s) appearing for the Case

Robert W. Amis, Oklahoma City, for appellant; pierce, Couch, Hendrickson, Johnston & Baysinger, Oklahoma City, of counsel.

Matthew J. Kane, for appellees; Kane, Kane, Wilson & Mattingly, Pawhuska, of counsel.

DOOLIN, Justice:

This is a case of first impression dealing with the construction of a bequest in the will of an Osage Indian. Thomas Tayrien (Testator), a three-eighths Osage Indian, was born in 1865. At his death in 1930, he owned one and one-sixth Osage Indian headright. His wife, Emily, offered the will for probate. The will made several specific bequests including the following paragraph:

"3. I give, devise...

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