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IN RE WARE'S ESTATE

No. 37784.

348 P.2d 176 (1958)

In the Matter of the ESTATE of Nancy WARE, Deceased. Billie Joe Young Fletcher ROGERS, Plaintiff in Error, v. Nancy Rogers RECTOR, Individually, and as Administratrix of the Estate of Nancy Ware, Deceased, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied December 1, 1959.

Second Petition for Rehearing Denied January 12, 1960.

Attorney(s) appearing for the Case

Shoemake & Briggs, Pawhuska, Gordon L. Patten, Tulsa, for plaintiff in error.

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

BLACKBIRD, Justice.

This appeal involves a determination of the proper devolution of one-half of the 1 2/3 Osage Indian headrights owned, at the time of her death, by one Nancy Ware, who was enrolled opposite Roll No. 1808, and received an allotment, as a member of the Osage Tribe of Indians. Said allottee died in January, 1933, while a resident of Osage County, and leaving a will executed during the same month of the previous...

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