In The Matter Of The Estate Of Evinie Boling (b452) - Pushmataha County, Oklahoma Submitted by: Kathy Pitts 20 Jan 2003 ==================================================================== USGENWEB NOTICE All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. ==================================================================== IN THE COUNTY COURT OF PUSHMATAHA COUNTY, OKLAHOMA IN THE MATTER OF THE ESTATE OF EVINIE BOLING, DECEASED. PETITION FOR APPROVAL OF DEEDS. Comes now REBECCA C. BROWN and shows to this honorable court that she is a resident of Stephens County, Oklahoma, and is the surviving widow of ELI W. BROWN, now deceased. She states that EVINIE BOLING, deceased, was a Choctaw Indian by blood and duly enrolled as such on the roles of said indians, on the N. B. rolls of said indians opposite roll No 1468, and that the said EVINIE BOLING died intestate in what is now McCurtain County, Oklahoma, in the year of 1905, and that there is and was pending in this county administration proceedings on the estate of said deceased which were filed in the United States District Court and it appears from the records of this court that same have not been removed to any other county of this State. She says that there was allotted to the said EVINIE BOLING as her share of the allotable lands of the said nation the following described lands, to wit; The W1/2 of the SE 1/4 of the SE 1/4 ; the SW 1/4 of the SE 1/4; and the SE 1/4 of the SW 1/4 of Section 22, Township 2 South of Range 7 West, I.M., and also the NW1/4 of the SE 1/4 of the NE 1/4; the W1/2 of the NW 1/4 of the NW 1/4 ; the SE 1/2 of the NW1/4 of the NW1/4; the SW1/4 of the nW1/4; the SE1/4 of the SE1/4 of the NW1/4; the NE1/4 of the SW1/4; the E1/2 of the NW1/4 of the SW1/4 the SW1/4 of the NW1/4 of the SW1/4 of Section 33 in Township 1 South of Range 7 West, I.M. That on or about 1905 the said EVINIE BOLING departed this life intestate, and that thereafter there was an administrator appointed in the United States Court for the Eastern District at Antlers, now Oklahoma which is now pending in this County Court, and that this court has jurisdiction of the settlement of the estate of the said EVINIE BOLING. That the said EVINIE BOLING died intestate unmarried and with out issue of her body and leaving survivng her as per heirs at law the following named full blood indians, to wit; BILLY BOLING her father and TILVATONA the grandmother of said deceased, OLACIE HLEENTAMBI, SUSAN ISHTEKA, BETTIE CROSBY, CASIE CROSBY, MIKE CROSBY, FANNIE CROSBY, and LESIAN CROSBY, SILLIN CROSBY, next of kin to the said deceased. That the above named persons are and were the only heirs of the said EVINIE BOLING. That heretofore and on the 18th day of September, 1908, the said BILLY BOLING and TALVATONA executed their warranty deed conveying to E. W. BROWN all their interest in and to the foregoing described lands for and in consideration of the sum of Thirteen hundred dollars, cash in hand paid to them by said E. W. BROWN and that said sum was a full and adequate consideration for such interest, and the said grantees received said sum and obtained the full benefit of the same; and that thereafter and on the 19th day of September, 1908, the County Court of McCurtain County, Oklahoma duly approved the said warranty deed as shown by the records of said court. That heretofore and on the 3rd day of September, 1912, the said OLACIE HLEOHTAMBI, ESAIS HLEOHTAMBI, SUSAN ISHTEKA, WATKIN ISHTEKA, SILLIN CROSBY, BETTIE CROSBY, and CASIE CROSBY made and executed their warranty deed, conveying the above described lands to the said ELI W. BROWN or all their interests therein, for the cash consideration of Three hundred and Seventy Dollars, which sum was duly paid into the said grantees by the said ELI W. BROWN at the time, and the said sum was a full and true and adequate consideration for their said interests, and was received by them and the said grantees got the full and complete benefit of the same. That on the 4th. day of September, 1912 the County Court of McCurtain County, Oklahoma, duly approved the said deed. That on the 10th day of September, 1913, one ESIAS HLEOHTAMBI was the guardian of MIKE CROSBY and FANNIE CROSBY, after proper probate proceedings conveyed their interest in and to the said lands to the said ELI W. BROWN, for a cash consideration of $85.00 duly paid to him, which was a fair cash consideration for their said interest in and to said land; and that the county court of McCurtain County, Oklahoma, thereafter approved said sale, and the said minors received the full and complete benefit of the said consideration. She shows that after the above conveyances to the said ELI W. BROWN, the said ELI W. BROWN conveyed the above described lands to this petitioner and that she now has a substancial interest therein and is the owner thereof, and has the legal right under the law to petition this court for an additional approval of the said conveyances. That the said heirs of the said EVINIE BOLING have recieved all that their said interests in the said lands are worth. Certified copies of the said orders of approval of the County Court of McCurtain County, Oklahoma, approving said deeds, are attached hereto, marked exhibits “A”, “B”, and “C”, and made a part of this petition for approval in this court. She states that in view of the fact that administration proceedings were pending in this court at the time of the approval of the said conveyance by the County Court of McCurtain County, Oklahoma; that this court has jurisdiction to approve said conveyances. She further states that on the 10 day of September, 1913, one W.H. McKINNEY as the guardian of LESIAN CROSBY conveyed to ELI W. BROWN all the interest of the said LESIAN CROSBY in and to said lands for the consideration of the sum of $125.00 cash paid to him, which was a full and complete consideration for the interest of said LESIAN CROSBY; which said conveyance was duly approved by the County Court of McCurtain County, Oklahoma. WHEREFORE, your petitioner prays the judgement of this Court that said conveyances, and each of them be by this court approved and declared to be legal and valid and binding in all things. Signed: REBECCA C. BROWN Petitioner STATE OF OKLAHOMA STEPHENS COUNTY SS. REBECCA C. BROWN, of lawful age being duly sworn, on oath, says; that she has read the above and foregoing petition over in full, understands the contents thereof, and that the matters and things therein contained are true. REBECCA C. BROWN signed. Subscribed and sworn to before me this the 12th day of January 1924. J. B. WILKINS Notary Public My commission expires February 10, 1927. IN THE COUNTY COURT OF PUSHMATAHA COUNTY, OKLAHOMA. IN THE MATTER OF THE ESTATE OF EVINIE BOLING, DECEASED. Now on this the 15th day of January, 1924 there coming on to be heard the petition of REBECCA C. BROWN for the approval of certain deeds of conveyance from the heirs of EVINIE BOLING, deceased to ELI W. BROWN, conveying to him the following described lands, to wit; The W1/2 of the SE 1/4 of the SE 1/4 ; the SW 1/4 of the SE 1/4; and the SE 1/4 of the SW 1/4 of Section 22, Township 2 South of Range 7 West, I.M., and also the NW1/4 of the SE 1/4 of the NE 1/4; the W1/2 of the NW 1/4 of the NW 1/4 ; the SE 1/2 of the NW1/4 of the NW1/4; the SW1/4 of the nW1/4; the SE1/4 of the SE1/4 of the NW1/4; the NE1/4 of the SW1/4; the E1/2 of the NW1/4 of the SW1/4 the SW1/4 of the NW1/4 of the SW1/4 of Section 33 in Township 1 South of Range 7 West, I.M. and all in Stephens County, State of Oklahoma. The court finds that on or about the _____________day of March, 1905, the said EVINIE BOLING departed this life, intestate, in what is now McCurtain County, Oklahoma leaving surviving her as her heirs and next of kin th efollowing persons, and no others, to wit; BILLY BOLING, her father, and the following collateral heirs, to wit; OLACIE HLEOHTAMBI, SUSAN ISHTEKA, SILLIN CROSBY, BETTIE CROSBY, CASIE CROSBY, MIKE CROSBY, FANNIE CROSBY, and LESIAN CROSBY. The court further finds that there is no issue surviving said deceased born since March 4, 1906. That under and by virtue of the Constitution and laws of the State of Oklahoma the County Court of Pushmataha County, has jurisdiction over the settlement of the estate of said deceased allottee; and that under and by virtue of the Act of Congress of the United States, approved May 27, 1908, the restrictions upon the alienation of the above described lands were removed conditioned upon the approval by the court having jurisdiction over the settlement of the estate of said deceased allottee. The court further finds that on the 18th. day of September, 1908, the said BILLY BOLING and TALVATONA made and executed to ELI W. BROWN their certain warranty deed conveying to him all their interest in and to the above described lands for a total consideration of the sum of Thirteen hundred dollars, and that said sum was an adequate consideration for such interest, and was paid to them by the said ELI W. BROWN. It is therefore considered, ordered, and adjudged by the court that the said conveyance of the said BILLY BOLING and TILVATONA to the said ELI W. BROWN shall be and the same is hereby in all things approved and validated. The court further finds that the said, OLASIE HLEOHTAMBI, joined by her husband, ESIAS HLEOHTAMBI, SUSAN ISHTEKA, joined by her husband, WATKIN ISHTEKA, SILLIN CROSBY, BETTIE CROSBY, and CASIE CROSBY, on the 3rd day of September, 1912, made and executed their warranty deed to ELI W. BROWN, conveying to him their interest in and to the said above described lands, for a consideration of the sum of Three hundred, and Seventy Five Dollars, and finds that the said consideration was sufficient, and adequite for such interest and was paid to the grantees by the said ELI W. BROWN. It is therefore considered, ordered, and adjudged by the court that the last above described deed of conveyance by the grantors, to the said ELI W. BROWN, shall be and the same is hereby approved and validated. The court further finds that on the 10th. day of September, 1912 one ESIAS HLEOHTAMBI, as the guardian of said MIKE CROSBY, and FANNIE CROSBY, executed a guardians deed conveying to the said ELI W. BROWN all the interest of said minors in and to the above described lands in consideration for the sum of Eighty Five Dollars, and finds that such sum in an adequate consideration for such conveyance and was approved by the County Court of McCurtain County, Oklahoma. It is therefore ordered, adjudged, and considered by the court that the last above described conveyance by said guardian to the said ELI W. BROWN, shall be and the same is hereby in all things approved and validated. The court further finds that on the 10th. day of September, 1913, one W. H. McKINNEY, as the guardian of said LESIAN CROSBY made and executed a guardians deed, conveying to the said ELI W. BROWN all the interest of the said LESIAN CROSBY in and to the said above described lands for and in consideration of the sum of One hundred twenty five dollars, and finds that said sum was an adequate consideration for such interest, and finds that the said deed was duly approved and confirmed by the County Court of McCurtain County, Oklahoma. It is therefore considered, ordered, and adjudged by the court that the last above described conveyance from the said W. H. McKINNEY, Guardian to the said ELI W. BROWN, shall be and the same is hereby in all things approved and ratified. Done at Antlers in the Coutny of Pushmataha, State of Oklahoma. on this the ?? day of January, 1924 L. P. Davenport County Judge.