In re the Estate of Bigheart

IRWIN, Chief Justice:

Appellant, Velma Rose Bigheart, is the surviving spouse of William Bigheart, Jr., (decedent) a half-blood Osage Indian who died, owning certain restricted property. Decedent’s will, with codicil, was admitted to probate and under its terms, appellant was left $10.00, the principal beneficiaries being appellees, decedent’s mother and two children. Appellant elected to take, against the will under 84 O.S. 1971, § 44.

Appellant did not establish that she was of Indian blood and the only issue presented to the trial court was whether she was entitled to the benefits of 84 O.S.…