In Re Cullys Estate

1 This appeal involves the right of James Cully, surviving full blood Seminole Indian, second husband of Cynda Charty Cully, another full blood Seminole, now deceased, to (probate) homestead rights in a certain 120-acre tract situated in Seminole County, that was the couples (constitutional) homestead during her life, and on which said surviving husband and a minor son, Ambrose, continued, after her death, to reside. It also involves other questions concerning the rights of these surviving heirs in relation to those of others, in this and decedents other property. The tract referred to was said decedents allotment as a member of the Seminole Tribe and was admittedly restricted against alienation during her lifetime. It will hereinafter be referred to as "Parcel A." In addition to it, Mrs. Cully, at her death in Seminole County on February 26, 1952, was seized of undivided interests she had inherited in her previous husbands allotment as a full blood member of the same tribe. We will hereinafter refer to these interests as: "Parcel I." She also had an automobile and some $47,000 in restricted funds on deposit in the office of W.O. Roberts, Area Director of the U.S. Indian Service, at Muskogee, Oklahoma. In the will, she had duly executed before the U.S. Commissioner residing at Wewoka, she bequeathed the said husband, James Cully, and her minor son by him, Ambrose, along with four grown sons and daughters by a former husband, and a grandson (son of a predeceased son by the same father), which latter group we will hereinafter refer to as the "Harjos", an undivided one-seventh interest each in the aforesaid restricted Indian funds, but wholly disinherited said surviving husband and minor son, not only as to her personal property, such as household goods and automobile, but also as to her real estate, except that she devised the boy, Ambrose, a certain 40-acre tract carved out of Parcel A. All the rest and remainder of both her allotted (Parcel A) and inherited (Parcel I) lands, she devised to various named individuals of the Harjo group. To one of them, Hettie, she bequeathed all of her "household goods and effects, furniture, automobile, livestock and farming equipment * * *".