was in force in the Indian Territory where said will was executed.

2. Said proponent denies that said will was never published by said but alleges the truth to be that said will was published by the said

required by law.

to be his last will and testament as

3. Said proponent admits that the Creek Treaty of 1902 contains the provision set out in the protest, but denies that the same was in force and effect at the time of the execution of said will, or at the time of the death of said

4. Proponent denies that said will was not acknowledged or approved by a United States commissioner as provided by law in the act of Congress of the United States of April 26, 1906, but avers the truth to be that said will was executed in accordance with said act.

5.

Proponent denies that said

did not understand fully the effect and consequences of his said act in signing said will, and denies that said will was not sufficiently translated and interpreted to him.

6. Said proponent denies each and every allegation in said protest contained, except such as are herein specifically admitted. WHEREFORE, proponent prays the court that said will be admitted to probate, and that the protest of said

filed be dismissed.

herein

Attorneys for Proponent.

Sec. 779. Form for order of court admitting will to probate.

admission of probate of a certain instrument in writing, purporting to be the last will and testament of

-, deceased,

and that letters testamentary be issued to said petitioner, to

and

minors,

and the protest of

gether with the protest of

by their guardian ad litem,

and

heretofore filed herein, this day coming on

regularly to be heard, the hearing having been continued from 19-, to this day, and it being proved

the

day of

to the satisfaction of this court that notice has been given as required by law, to all persons interested, of the time appointed for proving said will, and for hearing said petition; and

and two of the subscribing witnesses of said will, produced in behalf of said petitioner, whose testimony has been reduced to writing and filed with the papers in this cause; and the court also having heard the evidence against the probate of said will by protestants above named, and, after having heard and considered the evidence offered in support and against the probate of said will, it appears that said instrument is the will of the said deceased, and that it was executed in all particulars as required by law; that said testator, at the time of the execution of the same, was of sound and disposing mind, and not under any duress, menace, fraud or undue influence; that said died on or about the

19—, being a resident of the county of

day of
State of Okla-

de

homa, and at the time of his death left real estate in said State, for and in respect to which, the probate of said will is applied for, which said estate is of the approximate value of $ and said applicant being competent to act as executor of said estate, it is ordered that said instrument heretofore filed, purporting to be the last will and testament of said ceased, be admitted to probate as the last will of the said deceased; that said be, and he is, hereby appointed executor of said estate, and that letters testamentary issue to said petitioner upon his taking the oath required by law, and giving the bond required by law for the faithful execution of the duties of his trust as such executor, in the sum of $ with sureties to be approved by the judge of this court.*

*The foregoing forms are submitted not as determining any of the law questions raised therein, but

for the purpose merely of giving the forms of procedure.

Done in open court this

day of

-, 19-.

[SEAL.]

Judge of the County Court.

Sec. 780. Form for order of court refusing to probate last

The petition of

TESTAMENT TO PROBATE.

heretofore filed herein, praying for the admission to probate of a certain instrument in writing, purporting to be the last will and testament of

deceased,

and that letters testamentary be issued thereon to the executor

therein named, together with the protest of heretofore filed herein, and asking that administrator of the estate of

and

and

be appointed

deceased, this day coming

on regularly to be heard, and it being proved to the satisfaction of this court that notice has been given as required by law to all persons interested in said will, of the time appointed for the proving of said will, and for the hearing of said petition, and two of the subscribing witnesses of said will, produced in behalf of said petitioner, whose testimony has been reduced to writing and filed herein, and the court also having heard the evidence offered against the probate of said will by the protestants above named, and after having heard the evidence offered in support of and against the probate of said will, it appears that said instrument in writing is not the last will and testament of said deceased; that it was not executed in all particulars as required by law; that said testator at the time of the execution of the same, was not of sound and disposing mind and memory, but was under undue influence, and did not, at the time he executed the same, understand he

was signing his last will and testament; that said

on or about the

of the county of

day of

died

-, 19—, being a resident State of Oklahoma, at the time of his death, leaving real estate in said county and State, for and in respect to which, the probate of said will was applied for, as aforesaid, which said estate is of the approximate value of

$

IT IS THEREFORE ordered that said instrument in writing heretofore filed herein, purporting to be the last will of the said be refused probate as the last will of the said deceased; that said

will, and that

of said

be not appointed executor of said be appointed administrator of the estate deceased, upon his taking the oath as required

by law, and giving the bond required by law, for the faithful execution of the duties of his trust as such administrator, in the sum of $ with sureties to be approved by the judge of

this court.

Done in open court this

day of

19-.

Judge of the County Court.

Sec. 781. The procedure by which a will is contested after the same has been admitted to probate The

years

1. That she is an infant of tender years, to-wit:

3.

That she is the only surviving child of 4. That the said

was a full blood Creek Indian citizen

of the Creek nation, and died some time in the month of

19, in what is now

County, State of Oklahoma, and

left surviving him a widow and one child, the said

5. That a very short time before the death of the said

a paper was executed, signed and witnessed, which pretended to be the last will and testament of the said and that said pretended will was afterwards filed and admitted to probate in the United States Court for the Western District of the Indian Territory, at

6. That said

by said pretended will, disinherited his

his only and

wife and deprived her of her dower interest in said estate, and left out a small portion of his property to child, and left the bulk of all his estate to both white men, strangers to him in blood, who were his physicians, attending him at his last sickness at the time said pretended will was made.

7. That at the time said pretended will was made said was on his deathbed, and was so worn out by pain and suffering that his mind was so enfeebled as to be utterly incapable of transacting any business whatever, or to understand in any way the making of a will.

8. That said pretended will was made while said under duress of said

and

was

and was obtained by

them, through duress, undue influence and fraud, which acts of duress, undue influence and fraud were as follows: (Here set cut specific acts of fraud, duress and undue influence.)

9. That said pretended will was prepared by the said and of their own volition, and was not dictated or suggested by the said and the same was not read over to him before his pretended signature or mark was affixed thereto; that there was no one present who could read said will in English and interpret the same in Creek; that the said could neither talk or understand the English language, and had no knowledge whatever of the contents of said will, and that said pretended will was signed and witnessed at the instance, solici