and for the tation and request of the said and de 10. That said pretended will was not executed in accordance with the laws then in force in Indian Territory as to the making and execution of wills, and could not vest any rights of property in the devisees named. WHEREFORE, your petitioner prays the court that the paper heretofore admitted to probate as said last will and testament of said deceased, be revoked and canceled and for naught held, and that the probate of the same be set aside; that the proponents, the said be taxed with the costs of this proceeding, and that it be adjudged and decreed that said died intestate, and for such other and further relief as to the court may seem just and proper. and State of Oklahoma, Attorney for Plaintiff. County, ss.: -, being duly sworn, says that he is the legally appointed and acting guardian of said -, a minor; that he has read the foregoing petition and knows the contents thereof, and that the same is true to the best of his knowledge and belief. Subscribed and sworn to before me this 19 My commission expires day of Notary Public. Sec. 782. Form for praecipe for summons in such action. To the Clerk of said Court: Please issue summons in the above entitled cause to County, Oklahoma, making same returnday of, 19-, and designate therein the day of 19—, as answer day, and deliver same County, and indorse thereon that if to the sheriff of defendants fail to answer, judgment will be taken for revoca tion and cancellation of a will. Attorney for Plaintiff. Sec. 783. Form for agreement by parties to have cause re ferred to special judge for the determination of the question as to the setting aside of the will in controversy. It is hereby stipulated and agreed by and between the parties to the above entitled cause that said cause may be referred to the Honorable Oklahoma, a member of the bar County, in good and regular standing, to sit as special of of judge of the county court of said cause, because of the fact that county court of said County, to try said the regular judge of the County, has disqualified himself to sit in said cause by reason of his having formed and expressed an opinion as to some of the matters therein, in the discharge of his official duties as judge in probate matters. And it is hereby further stipulated that any irregularity as to the selection of the Honorable as special judge, and as the disqualification of the Honorable are hereby waived. as regular judge, Attorney for Plaintiff, Attorney for Defendants. Sec. 784. Form for official oath of special judge. State of Oklahoma, County, ss.: I, -, special judge in Probate No. do solemnly swear that I will support and obey the Constitution of the United States and the Constitution of the State of Oklahoma, and will discharge the duties of my office as special judge in such matter with fidelity; that I have not paid, or contributed, either directly or indirectly, any money or other valuable thing, to procure my appointment, except for necessary and proper expenses expressly authorized by law; that I have not, knowingly, violated any election law of the State, or procured it to be done by others in my behalf; that I will not, knowingly, receive, directly or indirectly, any money or other valuable thing, for the performance or nonperformance of any act or duty pertaining to my office, other than the compensation allowed by law, and I further swear that I will not receive, use or travel upon any free pass or on free transportation during my term of office. Subscribed and sworn to before me this 19 My commission expires day of Notary Public. Sec. 785. Form for citation for executors to appear and court her petition to set aside the probate of the alleged will of cause to deceased, and has asked for a citation to issue in said YOU ARE THEREFORE hereby notified and cited to be and appear before said county court at the regular term thereof, to be held at the courtroom in in said county of m., of said day, then and there to appear and answer said petition, and show cause, if any exists, why the prayer thereof should not be granted, and, further, to do and perform what shall then and there be ordered by said court in said matter. And hereof fail not. By order of the judge of said county court. WITNESS my official signature and seal of said court this day of 19-. Clerk of the County Court at Oklahoma. [SEAL.] Sec. 786. Form for sheriff's return of his service of said citation. Received this citation on the day of served the same in my county on the within named 19-, and and by delivering to each person a true and correct copy of the within citation on the day of 19-. Sheriff. Sec. 787. Form for answer to the petition. answer to the petition to set aside the probate of the will of said deceased, state: 1. That it does not appear that said the consent of the county court of ever procured County, or of any other county, to bring this proceeding, and, therefore, he has no authority to sue. 2. That these defendants state that they have no sufficient knowledge upon which to base a belief as to whether alleged, is a child of defendants deny the same. as -, deceased, and, therefore, these said 3. That they have no sufficient knowledge as to whether as alleged, was a full blood Creek Indian, and, therefore, they deny the same; they admit that he was a member of the Creek Tribe of Indians by blood. 4. That they deny that by and in the will as alleged, the said disinherited his wife, if wife he had, or that he deprived her of any dower interest, or that he had power to do so, but defendants state that if the said had a wife at that time, she was fully provided for under the laws in existence; and, further, they state that he had no wife. 5. That they deny that at the time of the execution of said will the said was so worn out with pain and suffering that he was incapable of transacting any business whatever, or that he was in extremis, and wholly lacked any testamentary capacity; that they deny that said was under duress of the said and or any other person, or that said will was obtained by them, or anyone, through duress, undue influence or fraud. 6. That they deny that said will was prepared by said and of their own volition, and they deny that said will before his signature thereto was could not speak Eng was not read to the said annexed; that they deny that said lish, but state that he could speak and understand the English language readily, and that he understood the contents of said will, and that its provisions were as he desired; they further state that relatives and friends of the deceased were constantly with him, and that he and they understood said will and the contents thereof. |