Mashunkashey v. United States

HUXMAN, Circuit Judge.

The defendant below, herein called the appellant, has appealed from a declaratory judgment rendered by the United States District Court for the Northern District of Oklahoma. The jurisdiction of the federal court was invoked under 28 U.S.C.A. § 41 and 28 U.S.C.A. § 400.

Charles Mashunkashey, a full-blood, restricted Osage Indian, died June 10, 1934, without issue, survived by his wife, the appellant; Ben Mashunkashey, a half-brother ; his maternal grandmother; and James G. Blaine,1 who was no blood relation to the deceased. All of them, with the exception of appellant are…