Berry v. Brokeshoulder

BRATTON, Circuit Judge.

Johnson Postoak, a Mississippi Choctaw Indian of the full-blood, died seized of certain land in Pontotoc County, Oklahoma, which had been alloted to him and was restricted against alienation. At the time of his death, the allottee left surviving him neither father, mother,, wife, nor children, but he was survived by certain grandchildren. Charles Berry filed in the county court a petition to probate a will executed by the allottee, dated January 22, 1935. The will contained a provision devising part of the restricted land to Berry, and part to the daughter of the…