7. Further answering, these defendants state that said will was executed in accordance with law, and with the wishes of deceased, and that the same was free from all duress, undue influence or fraud; that there has been a previous adjudication of this court adverse to the petitioner herein; that the same was appealed from the county to the district court, where said appeal was dismissed, and that said matter is, therefore, res adjudicata in favor of these defendants; that said adjudication in the county court was on the 19, and that said adjudication in the district court was on the

19, at the

day of

Term thereof.

day of

WHEREFORE, these defendants pray that the petitioner herein be granted no relief whatever and that this cause be dismissed as to these defendants; that they have judgments for costs by them herein expended, and that they have such other relief as may be just and proper.

State of Oklahoma,

being first duly sworn, on his oath states that he is one of the defendants above named; that he has read the foregoing answer, and that he verily believes the statements therein to be true.

Subscribed and sworn to before me this

19-.

My commission expires

Sec. 788. Form for reply to answer.

IN THE COUNTY COURT IN AND FOR

In the Matter of the Estate

of

day of

Notary Public.

COUNTY, OKLAHOMA.

No.

Comes now

Deceased.

REPLY TO ANSWER.
by her guardian,

and attorneys of

record in this case, and, for reply to the answer filed herein,

denies each and every material allegation contained in said

answer.

Attorneys for Plaintiff.

Sec. 789. Form for finding of facts and conclusions of law of the special judge.

This action is to revoke the probate of the last will of

deceased, admitted to probate in

court, on the

and to have said will declared was a full blood Creek

Indian, and, at the time he made the will, was mentally incompetent to make a valid will. The petition further alleges that said at the time he made said will, was overcome by undue influence exerted by the beneficiaries in said will, and that said instrument was not his will. The petition alleges that said an infant, the plaintiff in this action. All the material facts in the petition are denied by the defendants Upon the issues thus joined the court heard the testimony of various witnesses on the —, 19—, and submits the following findings in

day of writing:

left a child,

and

1.

FINDINGS OF FACT.

was a full blood Creek Indian, more than eighteen years of age at the time of the execution of said last will and testament.

2. The plaintiff,

minor of the age of about

3. It is doubtful if

is the child of

and is a

years, and is his heir at law. possessed testamentary capacity

at the time of making the will in question.

4. That at the time of the execution of the will in question, the relation of physician and patient, a confidential relation, existed between, and the defendants, Doctors

the beneficiaries under said will.

and

5. That at the time of making said will said

was very

weak physically, and was in the practical control of the beneficiaries.

-, suggested to

6. I find, from undisputed testimony, that one of the beneficiaries, the making of the will, and that the idea of the will being made originated with Doctor

7. I find that the terms of the will are unnatural, in one portion recognizing an infant child as his own, and in another portion, giving an unnatural portion of his bounty to strangers to his blood and of a different race.

8. I find that the plaintiff,

-, by her guardian, has proper authority to maintain this action.

9. I find that the will in question was not executed in compliance with the United States law relating to wills, enacted by Congress, April 26, 1906.

CONCLUSIONS OF LAW.

From the foregoing findings of fact I conclude, as matter of law, that the will in question is not entitled to probate, and that the order admitting the same to probate should be set aside and held for naught.

IT IS THEREFORE considered, ordered and adjudged by the court, that the order of the said court of

at

ad

mitting said will to probate, is hereby set aside and held for

Sec. 790. Form for the petition for the probate of a foreign

and at the time of his death he was a resident of the county of

and State of

and State of

and left property in the county of

the character of which and the

probable value thereof are as follows, to-wit: (Here specifically describe property, giving its approximate value), the total estate and effects of which the probate of the will herein applied for is asked, does not exceed in value the sum of $

court of

de

ceased, left a last will and testament, which was duly proved and allowed and admitted to probate by County, State of -, a duly authenticated copy of which, and the probate thereof, is hereto attached, and made a part hereof, marked "Exhibit A."

(c) That said court, at the time of admitting said will to probate, was a court of competent jurisdiction and had jurisdiction of said matter and of the parties interested in said estate, and your petitioner is the person named in said will as the executor thereof and consents to act as such executor; that the following persons, together with their postoffice addresses and their ages, are named therein as devisees and legatees, to-wit: (Here specifically set forth same.)

(d) That the following persons are the next of kin of said testator, together with their names, ages and residences, to-wit: (Here insert same.)

THE PREMISES CONSIDERED, your petitioner prays that said foreign will may be admitted to probate and letters testamentary issue to him; that this court fix and appoint a time for the proof of said will; that all persons interested be notified to appear at the time appointed for proving the same, and that all necessary and proper orders be made in the premises.

Petitioner.

State of Oklahoma,

County, ss.:

being first duly sworn, says that he is the executor of the estate of said deceased, and that the facts stated and allegations contained in the foregoing petition are true.*

Subscribed and sworn to before me this

19-.

My commission expires

day of

Notary Public.

Sec. 791. Form for certificate of proof of foreign will.

CERTIFICATE OF PROOF OF FOREIGN WILL.
judge of the county court of

I,
homa, do hereby certify that there was produced by
copy of the last will and testament of
probate thereof in

State of

County, Okla

a

deceased,

and the

court of the county of

copy of

day of

duly authenticated, and said will, a which is annexed hereto, was, on the

19-, admitted to probate in this court as the last will of and from the proceedings taken and from the examination had thereon, on said day, the court finds as follows: That, on the 19, in the county of

The court further finds that the will, a copy of which is hereto annexed, was duly proved and allowed and admitted to

probate as the last will and testament of

court of the county of

order of said court, duly entered therein on the

19-.

The court further finds that said court, in making said order at said time, was a court of competent jurisdiction, and that all

* The procedure for the notice and service of notice upon the parties interested is the same as that for the probate of a will of

a resident of the county. The practitioner will there find forms applicable to such transaction,