In Re Heirship of Atkins

This is the second time the parties to this controversy have presented to this court the question: Can the children born as a result of a void marriage or purported marriage between a negro woman and a white (Indian) man be treated in law as the legitimate offspring of the white (Indian) man?

This question was answered in the affirmative by the first decision of this court. In re Atkins' Estate, also styled Atkins et al. v. Rust et al., 161 Okla. 294, 3 P.2d 682. In that ease the question was presented in an appeal which determined who could be administrator of the estate of Billie Atkins. In…