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Residence: Oglesby, Okla Reasons: Nephew & niece of #16759 and claims through the same source Miller Application W B Wallace Special Commissioner of the Court of Claims 601 Ouray Building, Washington, D.C. SIR: I hereby make application for such share as may be due me of the fund appropriated by the Act of Congress approved June 30, 1906 in accordance with the decrees of the Court of Claims of May 18, 1905 and May 28, 1906 in favor of the Eastern Cherokees. The evidence of identity is herewith subjoined. NOTE: Answers to all questions should be short, but complete. If you can not answer, so state. 1. State full Name English name: W. B. Wallace for his children, William B. Wallace Jr and Ruby Wallace. Indian name: 2. Residence and post office: Oglesby I.T. 3. County: Cherokee Nation 4. State: Indian Territory 5. How old are you? 49 Born 1858 6. Where were you born? Arkansas 7. Are you married? My wife is dead, she is the cherokee 8. Name and age of wife or husband: Fannie Wallace ne Tyner Died Mar 30,1897 9. To what tribe of Indians does he or she belong? Cherokee 10. Name all your children who were living on May 28, 1906, giving their ages: NAME AGE BORN (1) William B. Wallace Jr. 13 Dec 15 1893 (2) Ruby Wallace 11 Aug 16 1895 (3) (4) (5) (6) 11. Give names of your father and mother, and your mother’s name before marriage: my wife’s father’s name was Reubin Tyner, [It should be noted that the “u” was handwritten in.] Father - English name: Reubin Tyner Indian name: none used Mother - English name: Almyra Tyner [It should be noted that Delila Seabolt was listed but then XXX out] Indian name: none used Maiden name: Almyra Irons [It should be noted that Delila Seabolt was listed but then XXX out] 12. Where were they born? Father: Present Cherokee Nation Mother: Present Cherokee Nation 13. Where did they reside in 1851, if living at that time? Father: Present Cherokee N4tion Saline District Mother: Present Cherokee Nation Illinois District [It should be noted that Saline District had been marked out] 14. Date of death of your father and mother - Father: July 29 1901 [Marked out Date unknown, Died before the war] Mother: Living now 15. Were they ever enrolled for money; annuities, land, or other benefits? If so state when and where, and with what tribe of Indians: Father drew with the Eastern Cherokees in 1852 Saline District 16. Name all of your brothers and sisters, giving ages, and residence if possible : Name Born Died (1) Emma Byers May 2nd 1871 Fairland, I. T. (2) G. E. Tyner Apr 1 1875 Ochelata, I.T. (3) Flora May Greenwood Jan 31 1877 Ramona, I.T. (4) Leonard P. Tyner May 22 1879 Weaver Tyner July 28 1881 (5) Laura Tyner Apr 29 1884 Maude Tyner Sep 18 1888 (6) All the above at Ochelata I.T. 17. State English and Indian names of your grandparents on both father's and mother's side if possible: Fathers Side Mother's side Jack Tyner White not included no indian name Delila Seabolt no indian name 18. Where were they born? Present Cherokee Nation 19. Where did they reside in 1851, if living at that time? Present Cherokee Nation Saline District. 20. Give names of all their children, and residence, if possible: (1) Reubin Tyner (Father of my wife) (2) Elizabeth Tyner (aunt) Date of death unknown (3) Each of these are enrolled in Saline District as the minor (4) heirs of Jack Tyner. on the eastern Cherokee Pay Roll of 1852. (5) (6) 21. Have you ever been enrolled for money, annuities, land or other benefits? If so state what and where, and with what tribe of Indians: My wife, drew the :”Strip funds in 1894 22. To assist in identification, claimant should give the full English and Indian names, if possible, of their parents and grandparents back to 1835: REMARKS (Under this head the applicant may give additional facts which will assist in proving his claim) Please note that I have made this application for my minor children as their guardian. I solemnly swear that the foregoing statements made by me are true to the best of my knowledge and belief: Signature W. B. Wallace Subscribed and sworn to before me this 9th day of July , 1907. John C Duncan Notary Public My commission expires 2nd day July 1911 AFFIDAVIT. (the following affidavit must be sworn to by two or more witnesses who are well acquainted with the applicant;) Personally appeared before me Joanna Duncan and Susan Rogers who being duly sworn, on oath depose and say they are well acquainted with W. B. Wallace who makes the foregoing application and statements, and have known him for 2 years and 2 years respectively, and know him to be the identical person he represents him self to be and that the statements made by him are true, to the best of their knowledge and belief, and they have no interest whatever in his claim. Witness to mark Signature of witnesses /s/ Jaonna Duncan /s/ Susan Rogers Subscribed and sworn to before me this 9th day of July. , 1907 My commission expires July 2nd , 1911 John C Duncan Notary Public Note; Affidavits should be made, whenever practicable, before a notary public, or clerk of the court, if sworn to before and Indian agent or disbursing agent of the Indian service, it need not be executed fore a notary, etc. ----------------------------------------- Department of the Interior, Commission to the Five Civilized Tribe, Nowata, I.T., October 18, 1900. In the matter of the application of William B. Wallace for the enrollment of himself as a Cherokee by intermarriage and his two children as Cherokees by blood; being sworn and examined by Commissioner Breckinridge, he testified as follows: Q Give me your full name? A William B. Wallace Q What is your post office? A Nowata Q Do you live in Cooweescoowee district? A Yes, sir. Q Who do you want to enroll, yourself and family? A Yes, sir, myself and two children, my wife is dead. Q Are you a Cherokee by blood? A No, sir. Q You area white man? A Yes, sir. (The applicant presents a license issued by the clerk of Cooweescoowee district December 22, 1892, authorizing marriage between himself and Miss Fannie Tyner. The certificate shows, that they were married in accordance with said license by the Rev. John M. Watson on the 25th of the same month and in the same year. This is filed herewith.) Q Now your wife Fannie Tyner was a Cherokee? A Yes, sir. Q And she is dead? A Yes, sir. Q How long has she been dead? A She died in March, 1897. Q Did you live with her from the time you married her in 1892 until she died in 1897? A I did Q Have you lived continuously in the Cherokee nation ever since you married your wife in 1892? A Yes sir. Q Were you ever married except to this wife? A I am married now, yes, sir . Q I mean previous to this? A No, sir. Q Is your present wife a white woman or a Cherokee ? A She is white. Q She is not a Cherokee citizen? A No, sir. Q When did you marry your present wife? A January 1899 Q What is her name? A Alice. Q What was her name when you married her? A Alice Williamson. Q Had she any children when you married. her? A No, sir. Q How old was your first wife when she died? A She would be about thirty now. Q Was she born in the Cherokee Nation? A Yes, sir. Q Give me the name of her father? A Reuben R. Tyner. Q Is he dead ? A No, sir. Q Give me the name of her mother? A Almyra Q Is she dead? A No, sir, Q Give me the names of your children? A William B. Wallace, Jr., he will be seven in a few days. Q The next child? A Ruby, 5 years old. Q They are both living now, are they? A Yes, sir (Fannie Wallace on 1880 roll, Page 189, No. 2983, Fannie Tyner, Cooweescoowee district; on 1896roll, page 286, No. 5269, Cooweescoowee district. William B. Wallace on l896 roll, page 330, No. 1088, William B. Wallace, Sr. Cooweescoowee district. William B. Wallace Jr. on 1896 roll, Page 286 No. 5270, Wm. B. Wallace, Jr., Cooweescoowee district. Ruby Wallace on l896 roll, page 286, No. 5271, Rubie Wallace, Cooweescoowee district. ) The applicant applies for the enrollment of himself and two children. He is shown to have married a Cherokee wife in 1892, he is identified on the roll of 1896, his first wife died in 1897, and he has since married a white woman with no claim to Cherokee citizenship by blood. He is deemed, therefore, to have lost his right of enrollment, and the application for his own enrolment is rejected. His two children, the children of his first wife, are identified with their parents on the roll of 1896, they are both minors, and are living at this time, their mother is identified on the rolls of 1880 and 1896, and these children will be listed now for enrollment as Cherokees by blood. ------------------o------------------- Bruce C. Jones, being duly sworn, says that as stenographer to the Commission to the Five Civilized Tribes he correctly recorded the proceedings and testimony in the above case, and the foregoing is a true and complete transcript of his stenographic notes thereof. /s/ Bruce C Jones Sworn to and subscribed before me this the 18th of October, 1900. /s/ C R Breckinridge Commissioner