Cales v. Smith

Esther Berry Smith, a full-blood Osage Indian citizen, died intestate without ever having received a certificate of competency, leaving surviving as her heirs at law her husband, Jeff Smith, and three minor children, to wit, George W. Smith, John Smith, and Elizabeth Smith, said children being unallotted minor Osage Indians of the half blood.

An administrator was appointed and the restricted funds in the hands of the Indian Agency belonging to said Esther Berry Smith, amounting to more than $100,000, were turned over to the administrator under the apparent mistaken belief that her death…