Legal Opinion

Burgess v. Nail

Court of Appeals for the Tenth Circuit

Decided March 23, 1939No. 1776, 1777PublishedCited by 25 opinions

1Opinion of the Court

PHILLIPS, Circuit Judge.

Lucy Poloke, a full-blood Creek Indian, was allotted a tract of land in Creek County, Oklahoma. During her lifetime there accumulated in the custody of the Secretary of the Interior moneys derived from royalties under an oil and gas lease of the allotment made with the approval of the Secretary of the Interior.

Lucy Poloke died testate in the year 1925, leaving as her sole devisee and legatee her daughter, Suma Burgess. The will was duly admitted to probate by the county court of Creek County, Oklahoma, on November 2, 1925.

Suma Burgess was a full-blood Creek Indian,…

2Cases cited47 opinions

  1. Davis v. WakeleeSupreme Court of the United States · 1895
  2. Swift & Co. v. United StatesSupreme Court of the United States · 1928
  3. Alexander v. HillmanSupreme Court of the United States · 1935
  4. Clews v. JamiesonSupreme Court of the United States · 1901
  5. Kerrison v. StewartSupreme Court of the United States · 1876

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3Cited by25 opinions

  1. Veiser v. ArmstrongSupreme Court of Oklahoma · 1984
  2. Kevin Turner v. Stephanie D. TurnerTennessee Supreme Court · 2015
  3. Livesay Industries, Inc. v. Livesay Window Co., IncCourt of Appeals for the Fifth Circuit · 1953
  4. Kathleen Denise Shirley v. Maxicare Texas, Inc.Court of Appeals for the Fifth Circuit · 1991
  5. In the Matter of Constructors of Florida, Inc., Debtor in Reorganization (Two Cases). American Surety Company of New York v. The Coral Gables First National Bank and John Nicholas, Trustee, the Coral Gables First National Bank v. American Surety Company of New York and John Nicholas, TrusteeCourt of Appeals for the First Circuit · 1965

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