Ownership Of Land Before Studebaker

Abstract of Title .l

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No. 14307

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COMPILED BY THE

Grand - River Abstract and

Title Co.

BONDED ABSTRACTORS

Jay, Oklahoma

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To the Foil owing Described Real Est ate Situated in Delaware C ou nty

State of Oklahoma

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Lot 7, Block 2 of East Addì tìon of Lakemont Shores & Bay Club, a subdìvìsìon ìn Delaware County, ükiahoma, accordìng to the latest recorded plat thereof (formerly Allyson Acres) . * * ** ** **** ** ** ** * * ** ** * * * * ** **** ** * * ** ** * * ** ** * * * * * * ** * * ** * * * * ** **

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RENCES TO THA TIS AND LAWS REA 11 TO TH ALLOTM OF TI LANDS OF TH CHOKE NA nON Reference is hereby made to Treaties of 1833, 1835 and 1846

KEPLER'S U.WS AND TRATIES, VOL 2, PAGE 944, TRATY WI TH CHEOKES, 1866 Article 9. that all freedmen who have been liberated by voluntary act of former owners or by law, as well as all colored persons who were in the country at the commencement of the rebellion, and are now residents therein, or who may return within 6 monUis, and their descendants, shall have all the rights of na tive Cherokees, etc.

ACT OF CONGRESS Public No. 241

UNIED STATES STATUTE, 57th CONGRESS, PART L P.l\GE 716 Chap. 1375-An Act to provide for the allotment of the lands of the Cherokee Nation, for the disposition of townsites therein and for other purposes. Approved July 1, 1902.

STATUTE AT LARGE, PAGE 204, SECOND SESSION 58th CONGRESS Approved April 21, 1904 That all the restrictions upon the alienation of lands of all allottees of either of the Five Civilzed Trbes of Inians who are not of Indian blood, except minors and homesteads, are hereby removed. And all the restrctions upon the -alienation of al other allottees of said tribes, except minoi:s and homesteads, may with the approval of the Secretary of the Interior be removed

under such rules and regulations as the Secretary may prescribe, etc. . STATUTE AT LARGE, 59th CONGRESS. PART L PAGE 137. Public No. 129

Chap. 1876-An Act to provide for the final disposition of the affairs of the Five Civilzed Tribes in the Indian Territory, and for other purposes. Approved April 26, 1906.

STATU AT LARGE, 59th CONGRESS. PART L PAGE 327. Amendment provides that no lands acquired under the provision of this Act shal in any event become liable to the satisfaction of any debt contracted prior to the issuing of the final patent in fee therefor. Sec. 57z5, (Sec. 15) of the Curtis Bil, reads in part as follows:

The person authorized by the tribe or tribes may execute or deliver to any such purchaser without expense to him, a deeà conveyig to him, the title to such lands or town lots . . . . . . . Chapter 1, Article 1, Section 4, of the laws oÎ the Cherokee Nation, read as ÎOllows: The Principal Chief shall have control of the National Seal and in all cases, when necessary, may direct the proper application, use and preservation of the .same.

ACT OF CONGRESS Public No. 140

An Act for the Removal of Restrictions from part of tIie lands of Allottees of the Five Civilzed Tribes, and Îor other purposes. Approved May 27, 1908.

ACT OF CONGRESS UND STATES STATUTE 31. PAGE 221 An Act making appropriations for the current and contingent expenses of the Indian Departent and Ior fulfiling 'teaty stipulations with various Indian Tribes for the fiscal year ending June 30, 1901, and Îor other purpses. Approved May 31, 1900,

.2\CT OF CONGRESS Public No. 360

An Act to Extend the Period of Restriction in lands oI certan members of tlie Five Civilizd Trbes until April 26, 1955, and for other purposes. Approved ¡.fay 10th, 1928.

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(lrrttfitaIt nf í\gr au!! ¡lnub -OirSARAH C. GHORMLEY STATE OF OKLAHOMA

DELAWARE COüNTY

~ 55.

We, the GRAND RIVER ABSTRACT AND TITLE CO., Bonded Abstracters, of Jay, Oklahoma, do hereby certify that after a careful examination of -the

FINAL ROLLS OF CITIZENS AND FREEDMEN OF THE FIVE CIVILIZED TRIBES in Indian Territory, P:,epared by

COMMISSION AND COMMISSIONER TO THE FIVE CIVILIZED TRIBES

and approved by the Secretary of the Interior, on or prior to March 4th, 1907, we find as follows, to-wit:

14122

Roll No.

and :is a Cherokee

1/8

Cì tì zen

Dated at Jay, Delawazoe County, Oklahoma, this 26th

day of February

degree of blood.

82 A. D., 19_

GRAND RIVER ABSTRACT AND TITLE CO.

By Euqene S. Jones Presìdent

t~i.

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INS TRUMENT :

ALLOTMENT DEED

GRANTOR:

Che rokee Nation

GRANTEE:

Sarah C. Ghormley)

Cherokee Citizen) Roll No. 14122 DA TED:

July 1 7 ~ 1906

FILED:

September 22~ 1906 at 11 o'clock A. M.

RECORDED IN:

Book 21 at page 364 Records of Commission to Five Civilized Tribes~ Muskogee~ Oklahoma.

FILED:

December 8~ 1909 at 10 0 i clock A. M.

RECORDED IN:

Book liE" at page 269 Records of County Clerk's Office, Delaware County, Oklahoma.

GRANTING CLAUSE:

Grant and convey

DESCRIPTION (Othe r lanò) and W~ SW~: Section 12, Township 23 North~ Range 22 East.

w. C. ROGERS J PRINCIPAL CHIEF OF THE CHEROKEE NATION.

(GREAT SEAL, CHEROKEE NATION)

Thomas Ryan,

DEPARTMENT OF THE INTERIOR

Approved: August 31, 1906.

Acting Secretary

By: Oliver A. Phelps, Cle rk.

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INSTRUMENT:

TJI.X DEED

GRANTOR:

J. Grover Scales, County Treasurer

GRANTEE:

Jennie L. Wright

DATED:

January 31, 1918

FILED:

February 8, 1918 at 1 P. M.

RECORDED IN:

Book 37 J page 103

CONSIDERATION:

$ 1 . 00

GF.ANTING CLAUSE:

Grant, bargain, sell and convey

COVENANTS:

To have and to hold

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DESCRIPTION (Othe r land) and

Wl SWt: Section 12, Township 23 N., Rge. 22 E., ( SEAL)

J. Gro ve r Scales,

County Treasure r STATE OF OKLAHOMA DELAWARE COUNTy...... ss

Clerk in and for said County and State on this 8th day of February, 1918, personally appeared J. Grover Scales as the County Treasurer to me known to be the identical person who executed the within and fore going instrument, and acknowledged to me that he executed the same as his free and voluntary act and deed for the uses and purposes therein set forth, and I do hereby so certify. Before me, Claude Thompson, County

Wi tness my hand and official seal the day and year above set forth.

(SEAL)

Claude Thompson, County Clerk of Delaware County, Oklahoma.

6

IN THE DISTRICT COURT OF DELAWARE COUNTY, STATE OF OKLAHOMA. Jennie L. Wright,

-vs-

Plaintiff, No. 1290

Sarah C . Ghormley,

Defendant.

PETITION

J.. '..

Comes now the plaintìff and for cause of action against said defendant

alleges: 1. That plaintiff has the legal estate in fee simple and the equitable title in and to the following described land, situated in Delaware County, State of Oklahoma, to-wit: (Othe r land) and

~'J-l SW-g: Section 12, Township 23 North, Range 22 East. 2. That she acquired title to saìd land by vìrtue of a certain ta~ deed executed by the County Treasurer of Delaware County on the 31st day of JaDuai~, 1918, duly acknowledged, conveying said land to the plaintiff herein" which said deed was filed for-record in the office of the County Clerk of Delaware County, Oklahoma, on the 8th day of Feb." 1918, and is now duly recorded in said office in Book 37 at page 103 a copy of which deed 'wi th certificates the reto attached is he rewi th filed, marked llExhibi t

A ri anò made a part the reof; 5. That said premises are vacant) unoccupied, unimproved and not in of anyone j but said premises are in the constructive possession of this plaintiff, and have been ever since the 8th day of Feb., 1918 j the actual possession

li That said defendant has some claim, estate or interest in said

land adverse to plaintiff r s ti tle thereto, the exact nature and extent of said interest of said defendant being to this plaintiff unknown; 5 . That provisions of vised Laws of defendant may subsequent, superior

the said c 1aim of said defendant is s tale and barred by the the Statute of Limitations contained in Section 7419, ReOklahoma, 1910 that any right, title or inte rest which said have had in said land is cut off and extinguished by the and paramount title of this plaintiff;

6 . That because plaintiff i s title to said land is a tax title, she is threatened with and subject to annoylng and vexatious litigation on the part of said defendant, her heirs and assigns; all of which renders plaintiff ¡ s ti tIe to said land unmarketable and unsalable,;

7

Petition.. .page 2

WHEREFORE, plaintiff prays that said defendant be required to set forth the nature of her claim on said land; that all adverse claims of said defendant be barred and extinguished, and that said defendant, her heirs and assigns, be barred and forever precluded from setting up or asserting any right, title, claim or interest in said land, adverse to plaintiff1s title, thereto; that plaintiff1s title be declared adjudged and decreed to be supe rio r and paramount to that of said defendant, and that pi~intiffis title be quieted, and that she have her costs and other relief, ~egal and equitable, to which she may be entitled. Marshall and I. W. Ingram Attorney for Plaintiff STATE OF OKLAHOMA DELAWARE COUNTy.... S8

I. W. Ingram, of1awful age, being first duly sworn, on his oath, says: That he is the attorney for the above named plaintiff; that this affidavit is made for the reason that said plaintiff is a non-resident of the State of Oklahoma, and is absent therefrom; that affiant has read the within and foregoing petition, and that the statements therein con~ tained are true, as he verily believes. I. 1i. Ingram.

Subscribed and sworn to before me on this the _ day of February,

1922.

Notary Public.

FILED: February 14, 1922.

poJ

SUMI'10NS STATE OF OKLAHOMA, DELAWARE COUNTy..... s s

Jennie L. Wright,

vs.

IN DISTRICT COURT.

Plaintiff No. 1290

Sarah C. Ghorm11y, ..

Defendant.

THE STATE OF OKLAHOr'i, TO THE SHERIFF OF DELAvJARE COUNTY, GREETING:

You are hereby commanded to notify Sarah C. Ghormley that she has been sued by Jennie L. Wright, for the purpose of quieting her title to

the (other land) and

wl SWt: Sec. 12 J Twp. 23 N.) Rge. 22 E.) in the District Court of Delaware County, Oklahoma, and that they must answer the petition of said Jennie L. Wright filed against her in said court in the City of Jay, in said County, on or before the iOth day of March, 1922, or said peti tion will be taken as true and judgment rendered

accordingly. You will make return of this summons on or before the 18th day of February J 1922.

de r my hand and the seal of said Court this 24th. day of February, 1922. Gi ven un

Lewis Lunday, Court Cle rk.

(SEAL) MARSJ-..LL & INGRAM Attorneys for Plaintiff.

Issued Feb. 14, 1922; Returnable Feb. 18, 1922. Ans. Due March 10, 1922. Received this writ Feb. 14, 1922. The following persons, defendants within named not found in said county: Sarah C. Ghormley. Ben F. Smi thj She riff

By: W. J. Belt, Undersheriff. (Sheriff's fees omitted by abstracter.)

FILED: February 18, 1922. oJ

AFFIDAVIT TO OBTAIN SERVICE BY PUBLICATION. IN TIll DISTRICT COURT OF DELAWARE COUNTY, STATE OF OKLAHOMA Jennie L. Wright, Plainti ff

vs.

No. 1290

Sarah C. Ghormley) De fendants . '"

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AFFIDAVIT I. W. Ingram, being duly sworn according to law says: That he is attorney for the above named plaintiff; that said plaintiff is a nonresident of the State of Oklahoma and absent from Delaware County; that on the 14th day of February, 1922, he caused summons to be issued in the above styled cause against the de fendant, Sarah C. Ghormley, but was unable with due diligence to make service of the same upon said defendant within the State of Oklahoma; that he is unable with due dìligence to 2,sce r-";a:'

,:: whe t)'~e 1" said de fendant is Ii ving or dead, or, if li y_

ing, her 1.:~:e?eabouts, or, if dead, the names or whereabouts of her heirs, executors, administrators, devisees, or assigns, if any she had, that

this action is brought for the purpose of quieting plaintiff i s title to

the following described real property and premises, situated in Delaware County, State of Oklahoma, to-wit: (Othe r land ~ and .., ~.-i Sect'ion h2 0W4:

12, Township 23 North, Range 22 East;

and that said plaintiff wishes to obtain service upon said defendant, Sar~h C. Ghormley, by publication, of she be living, or upon her unknown heiI's, executors, administrators, devisees, and assigns, if she be dead, and further affiant saì th not. I. W. Ingram Subscribed and Sworn to before me this the 18th day of February,

1922. My commission expires:

Ira A. Miller,

April 7, 1925. (SEAL)

Notary Public.

FILED:

February ~u, 1922 ì ç-

10

PUBLISHER i S CERTIFICATE

STA TE OF OI-:AHO:v. )

COUNiY OF DELAHAFE) s s

State, ..

O~ this 11th day of March, A. D. 1922, personally appeared before me the undersigned, a Notary Public, within and for said County and H.J M. BU'I'LER

Publisher of THE GROilE SUN, a vJeekly newspaper published at Grove, County of Delaware, State of Oklahoma, who being duly sworn, states on oath, that the said newspape r has been published fifty-two conse-

cutive weeks in said county prior to the publication of this notice-,

and that the Legal Notice in the State of Oklahoma, a true copy of which is hereto annexed was published in the full and entire edition of February 23rd; March 2nd. and March 9th, 1922.

H. M. Butler, Publisher Subscribed and sworn to before me this 11th day of March, 1922,

My coiT:m~ssion expires:

O. E. Butler,

March 1, 1924. (SEAL)

Notary Public.

PUDLISHER i S FEE: $ 7 . 50 .

1 1

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NOTICE BY PUBLICATION IN THE DISTRICT COURT OF DELAWARE COUNTY, STATE OF OKLAHOMA Jennie L. Wright,

vs.

Plaintiff, No. 1290

Sarah C . Ghormley, De fendants . J,.. '..

The State of Oklahoma to Sarah C. Ghormley, if living, or her unknown Heirs, Executors, Administrators, Devisees, and Assigns, if dead:

Take notice that you have been sued in the above named court by the above plaintiff for the purpose of quieting her title to the followin Delaware County, State of Oklahoma, ing described lands, situated

to-wit: (Othe r land) and

wl swt: Section 12, Township 23 North, Range 22 East; and that you must answer the petition filed herein by said plaintiff, on or before the 6th day of April, 1922, or said petition will be taken as true, a nd a judgment for said plaintiff 2 quieting he r title to said land, will be rendered accordingly. Lewis Lunday J

( SEAL)

Cou rt Cle rl,;.

MARSHALL & INGR4M Attorneys for Plaintiff. (First published in Grove Sun, Feb. 23-3w.)

Examined and approved May 2, 22. A. C. Brewster,

Judge.

FILED: MARCH 20, 1922.

12

IN THE DISTRICT COURT OF DELAWARE COUNTY, STATE OF OKLAHO~4 Jennis L. Wright,

-vs-

Plaintiff, No. 1290

Sarah C . Ghormley, De fendant.

JOURl'JAL ENTRY

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Nov-:, on this 2nd day of May, 1922, the same being a regular judicial day of the regular April, 1922, term of this court, this cause comes on to be heard on the petition of plaintiff and testimony introduced in open court in support of the allegations thereof, and comes the plaintiff by her attorneys, Marshall and Ingram and the defendants being three times solemnly called in open court, to appear, plead, answer, except or demur to Plaintiffs petition, come s not and fails to plead, answer, except or demur to said petition, and wholly makes default and is held and adjudged to be in default, and all the allegations of plaintiff! s petition and exhibits thereto are taken as true and confessed.

And, the Court having examined the records and files in the case, and having heard and considered the proof offered by plaintiff and it appearing to the Court that wi th due diligence said defendants could not be pe rsonally se rved wi th summons wi thin this s ta te, and that with due dili-

gence the residence or whereabouts of said defendant could not be ascertained, and it appearing that said defendant has been duly and seasonably served with legal notice of the pendency of this ~i t for more than 20 days prior to the hearing of this cause by a legal notice thereof duly published in the Grove Sun in its issues of Feb. 23, March 2, and March 9, 1922, proof of publication thereof being filed herein and examined and approved

by the Court, and the Court being well advised as to the law and the facts,

finàs:

That the plaintiff, Jennie L. Wright has the legal estate in fee simple and the equitable title in and to the following describèd real property and premises, situated in Delaware County, State of Oklahoma, to-wit: (Other land) and W~ SvJi-= Section 12, Township 23 North, Range 22 East.

and that plaintiff1s title to said land is subsequent, superìor and paramount to, and operates to extìnguish any right, title or interest heretofore or now claimed by saià defendant in ar;d to said defendant in and to said land, and that said lanà is vacant and unimproved and not in the actual posseSSion of anyone, but is in the constructive possession of the plaintiff and has been in such _possession at all times since the 8th. 1 ~ .J .J

Journal Entry... page 2

day of Feb., 1918; the Court furthe r finds that all the allegations

c'ont.sined in plaintiff i s peti tion and the exhibits thereto are true and that plaintiff is entitled to the' relief prayed for in her petition.

It is, therefore, considered, ordered, adjudged and decreed by the Court, that said defendant and any person claiming by, through or under her be forever barred and perpetually enjoined from claim~Qg, setting up or asserting any right, title or interest in said land adverse to plaintiff1s title thereto, and from ever in any manner interfering with

plaintiff i s peaceable possession and enjoyment of said land.

On consideration, it is further ordered, adjudged and decreed by the Court, that plaintiff's title to said land be, and hereby is, quieted confirmed and made perfect in her.

A. C. B re w s t e r, District Judge. STATE. OF OKLAHOIvlA

DELAWARE COUNTy..... ss

I, Lewis Lunday, Clerk of the District Court in and for the County and State aforesaid, do hereby certify that the instrument hereto attached is a full, true and correct copy of Journal Entry Case #1290 as the same now appears of record in this office. Wi tness my hand and the seal of said Court at Jay, Oklahoma on this 9th day of May, 1922.

(SEAL) Lewis Lunday, Court Clerk

FILED: May 10, 1922. 14

WARRANTY DEED.

KNOW ALL MEN BY THESE PRESENTS: That Jennie L. Wright, a spinster of Kansas City, State of Missouri, party of the first part, in consideration of the sum of One Dollar and other Valuable considerations in hand paid the receipt of which is hereby acknowledged does hereby grant, convey unto -B. B. Ralph of Kansas City, Missouri, party bargain, s8ll and of the second part the following described real property and premises situated in Delaware County, State of Oklahoma, to-wit: .. J

(Other lands) and

w~ swt: Section 12, Township 23 North, Range 22 East. together with all the improvements thereon and the appurtenances thereunto belonging, and warranty the ti tle to the same.

TO HAVE AND TO HOLD said described premises unto the said party of the second part his heirs and assigns forever, free, clear and discharged of and from all former grants, charges, taxes, judgments, mortgages and other liens and incumbrances of whatsoever nature. Signed and de live red this 5th. day of May, 1927.

Jennie L. Wrìght STATE OF MISSOURI COUNTY OF JACKSON... ss

Before me -' the und-ersigned, a Notary Public in and for said County and State on the 5th. day of May, 1927, personally appeared Jennie L. Wright, a spinster, to me known to be the identical person who executed the within and foregoing ìnstrument and acknowledged to me that she executed the same as her free and voluntary act and deed for the uses and purposes therein set forth.

Wìtness my hand and official seal the day and date last above written.

Margaret W. Jone s,

My commission expires: February 4, 1930. (SEAL)

Notary Public.

FILED: June 2, 1927 at 10:30 olclock A. M., recorded in Book 100, pages

249-256, both inc 1 us i ve . 15

LAST WILL AND TESTAMENT OF B. ?-, RALPH K.1IOì., ALL HEN 5Y THESE PRESENTS:

That I) the undersigned r" D. Ralph, of Kansas City~ Jackson County; Missouri~ being of sound mind and mem~rYJ hereby make, publish and declare the following ta be my last will and testament.

First: I direct that all my just debts be paid.

Second: I hereby bequeath t~ Mrs. Laura S. Gerard, ~f Kansas/~

Ci ty, Missouri J the sum of Fifty Dollars per m~nthJ to be paid monthly during her life.

Third: I hereby bequea th to Mrs. Margaret W. Jones J of Kansas Ci ty, Missouri, the sum of Fifty Dollars per month, payable monthly J until the sum of Two Thousand ~ollars has been paid, when ushc payments shall cease. If said Margaret W. Jones should die before said two thousand dollars shall have been paid the payments shall cease at her death.

Fourth: I hereby bequeath to the First Congregational Church

of Kansas City J Missouri, the sum of Five Hundred Dollars per year payment

for two years J being in all One Thousand Dollars J the first

to be made two years after my death.

Fifth: I hereby devise and bequeath to Miss Jennie L. Wright

of K..nsas City J Mis s""uri.J my farm near Kenneth J J~hnson Gl"unty.J Kansas; all my stock in Ralph Sanitarium Company, a corporation; all the property at No. 529 Highland Avenue.. Kansas City -' Missouri, lmown as the Ralph Sanitarium; including all equipment; furnishinGs and all contents of the building on said property and the 200d will of the business of said company. Sixth: I devise and bequeath to Mrs. Lillian H. ~aker J of Kansas City, Missouri, the sum of One Hundred Dollars per month, payable monthly for the period 0f two years, and at the end of two years the sum of Five Thousand Dollars; also the properties known as 4601 to 4611, ìnclusive, Independence Avenue, Kansas City, Missouri, and 605 t~ 607 inclusive~ Elmwooò Avenue, Kansas City, Missouri, subject to encumbrances thereon; and also all gas and oil royalties which I own in Greenwood Count y, Kansas and in r~own County J Texas.

Seventh: I devise and bequeath to saiò Lillian H, naker, as trustee of her son Charles Willia~' naker, a minor, my farm 1n Marshall County, Minnesota; and my oil and gas royalty interest in Seminole County, Oklahoma,

Eight: I bequeath ~~ Ralph Emersnn Duncan any notes which I may hold against him. h r

xü

Will--page 2. Ninth: I hereby devise and bequeath all the rest~ residue and remainder of my estate~ real~ personal and mixed to my brother George A. Ralph, of Kansas City~ Missouri, and my sisters Martha Bourdon, of Minneapolis ~ Minnesota) Sarah Louise Sprague J of Mars hfield, Oregon and Elizabeth Duncan, of Kansas Cì ty J Missouri; in the following proportions, to-wi t: To George A. Ralph~ one-third; to Martha Bourdon J one-third; to Sarah Louise Sprague ~ one-sixth; and to Elizabeth Duncan, one- sixth.

Tenth: If any beneficiary for whom provisions has been made in this will shall directly or indirectly contest any provision thereof ~ such person shall receive only the sum of One Dollar and the share hereinbefore provided for such person shall become a part of my residuary estate and be distributed among my residuary legatees as hereinbefore provided or in case one of them shall contest then his or her share shall be equally di vided between the remainder of my said resid-

uary legatee s .

Eleventh: I hereby appoint George A. Ralph of Lakeland) Florida and Clem T. Keleher of Rich Hill ~ Missouri J executors of this, my last will and testament) and request that they be P2 rmi tted to serve

wi thout bond. It is my desire that in lieu of the compensa~ion fixed by statute for the services of my said executors the said George A. Ralph be paid for such services from my residuary estate and before distribution thereof as hereinbefore provided a sum equal to One Hundred Dollars per month for each month he shall so serve; and that the said Clem T. Keleher be paid therefrom a commissìon equal to ten per cent of my personal estate and mDney arising from the sale of my real estate and distributed under the provisions of this) my will. And my said executors by accepting appointment as such and entering upon the discharge of their said duties shall be deemed to have accepted the terms of this provision of their compensation. Advance to heirs to be made as available. IN TESTIMO~ri vr.~REOF J I have hereunto set my hand this 15th day of December, 1932.

B. B. RALPH The foregoing instrument J consisting of three pages: was signed

by the testator, B, B. Ralph, in our presence, and at .' his request

and in his presence and in the presence of each other we have here-,unto subscribed our names as witnesses the day and year last above

mentioned.

i.: .¿

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Will--page 3. CORRINE MERRILL MARY R. MlJRRAY

ELMER SEABOLT I~ HORACE MOORE~ Court Clerk~ in and for Sequoyah County, State of Oklahoma, do hereby certify that the above and foregoing is a true~ correct, and complete copy of the original will now on file in. my office at Sallisaw, Oklahoma. IN WITNESS WHEREOF ~ I have he reunto set my hand and affixed the seal of my office this 18th day of January ~ 1934.

HORACE MOORE, Court Clerk By Mary Martin, Deputy

(SEAL) STATE OF OKLAHOMA SEQUOYAH COUNTY..

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SS

IN THE MATTER OF THE ESTATE OF B. B. RALPH, DECEASED.

~

No. 2417 - Probate.

LETTERS TESTAMENTARY The last will of B. B. Ralph, deceased, a copy of which is hereby annexed, having been proved and recorded in the County Court of said County, George A. Ralph an d Clem T. Keleher who are named therein are hereby appointed executors. Wi tness J R. O. Ingle, Judge of the County Court of the County of Sequoyah with the seal of the Court affixed the 21st day of June, A. D.

1933. R. O. INGLE, County Judge

( SEAL )

STATE OF OKLAHOIV SEQUOYAH COUNTY..

~

SS.

We, George A. Ralph and Clem T. Keleher ~ do solemnly swear that we will perform according to law the duties of executors of the last will of B. B. Ralph, deceased. So he Ip me God.

GEORGE A. RAPH CLEM T. KELEHER

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Will--page 4. Subscribed and sworn to before me this 24th day of June j 1933. JOHN M. TARRY, Notary Public for Jackson County j State of

Missouri My commission expires

March 7, 1935. (SEAL) I, HORACE MOORE, Court Cle rk in and for Sequoyah County ~ State of Oklahoma, do hereby certify that the. above and foregoing is a true and correct, and complete copy of the Original Letters Testamentary now on file in my office at Sallisaw; Oklahoma.

In Witness Whereof, I have hereunto set my hand and affixed the seal of my office this 18th day of January, 1934.

HORaCE MOORE, Court Clerk By Mary Martin, Deputy ( SEAL)

Filed: February 10; 1934, at 11: 00 A. M. and Recorded in Book 115 a t page 256 of the Records of the County Clerk i s Office, Delaware Coun ty, Oklahoma.

1° -~.~

GENERAL POvffR OF ATTOm~EY

KNOH ALL J"fEN BY THESE PRESENTS:

..

! '..

That, whereas, the undersigned, Martha Bourdon, of Minneapolis, Minnesota, Sarah Louise Sprague; of Marshfield, Oregon and Elizabeth Duncan of Kansas City, Missouri, together with their brother, George A. Ralph, now residing at Kansas City, Missouri, are the sole residuary leg2.tees and devisees i.mder the last Viill and Test2.ment of B. B. Ralph deceased, who died in K2.nsas City J Mis souri on January 5, 1932, 2.nd

whose saìd last will and testament was admitted to probate in the Probate Court of Jackson County, Missouri, at Kansas City, on January 10, 1933; and,

Whereas, said B. 3, Ralph, in his said last Will and Testament devised and bequeathed to his said residuary heirs, above named, a large amount of real 2.nd personal property in the State of Oklahoma which real and personal property is located and situated in several different counties in said State; and, whereas, it will greatly facili tate the sale and 2.iquidation of the real and personal property interests of said legatees and devisees, under said last Will and Testament, if full povJ'=r and authority is vested in the said George A. Ralph to do all things that vJe could ourselves do) together with said George A, Ralph, in the matter of the making sale of said real and personal property and collecting in all monies due us as reSiduary legatees and devisees) 1n the State of Oklahoma, under said last Will 2.nd Testament of said B. B. Ralph, deceased; NOH, THEREFORE., vie J the unde rsigned, Martha Bourdon) Sarah Louise

Sprague and Elizabeth Duncan, have made and do hereby make, constitute

and appoint and by these presents do make, constì tute and appoint J

our said brother, George A. Ralph, our true an(1 lawful attorney in-fact for us, and for each of us, and in our name ~ and all things that we, ourselves, could do, either personally, jointl; or severally, or together wi th the said George A. Ralph, in making sale of any and all real and personal property, so devised to us and to the said George A. Ralph, as the r2siôuary legatees and devisees of the said B. B. Ralph, deceased, under his said last will and Testatment, and we hereby expressly give and vest in the said 'George A. Ralph full power and

authori ty in our names, place and stead, and for and in our behalf,

to make, executG, ackl0wledge and ~e:iver any and all deeds of conveyance that the said George A. Ralph may deem proper and necessary to make sale and conveyance 'of any and all of the property, real, personal or mixed, and w~eresoever situated in the State of Oklahoma,

at such price s and upon sue h te rms as the said George A. Ralph may

deem proper, full pOKer and authority being vested in the said George A. Ralph, to use hi~ own judgment and discretion in such matters; and

full povver and author~,-ty is hereby vested in the said George A. Ralph

20

?ú;ver of i\ttorney--page 2.

to make, aclmowledge and deliver any and all releases, assignments, receipts or equitances, of any kind or nature, which he may deem proper if necessary in connection with the sale or other disposition of any personal property, choses in action, or rights in action, or

interest :in Tax Sale Certificates in the State of Oklahoma, in '..'hich

,,'.;e have 2.~')Y interest as legatees or devisees under the last Will and Testament of said B. B. Ralph, deceased.

And we hereby give and grant to our said attorney-in-fact full pmJer and authority "_:8 do and perform all and every act and thing whatsoever, requisite and necessary to be done in and about the premises ~ith respect to aJ 1 property and property rights in the said State of Oklahoma, 2S fully and to all intents and purposes as we or either of us, might jointly, or severally, or together with said George A.

Ralph, do if personally present at tl-:e doing thereof, hereby ratify-

ing and confir~1ng 211 that 8ai& George A, Ralph mayor shall lawfully do, or cause .to bs de De ) by virtue hereof. And we give to our said attorney-in-fact fu:i pOKer and authority to cause all counties in the said Stete of Ok~ah0ma to cause this power to be recorded and made of record Ü1 VJhich :~he said B, B. Ralph, deceased, oìtmed or held any property inte~~sts of any kind or nature, whether real, personal or

mixed. IN 'IESS:I_I~='ic,:,ri l':~=i30F) we have hereunto se t our hand and seals this

17th day of January, 1934.

E. ,J, PRAl-1_L

MARTHA BOURDON SARAH LOUISE SPRAGUE ELIZABETH DUNCAN

S. C, LAPHIM, Witnesses

TT A r7' ,. rJf.. r:u.i--cL-t '1P'ÎQ-~-:';-,T1"' .,_ U-,'l~.ë'.,1,'.L h~,-neSS

ST-t,'I'E OF l1ISSO~mi ) \ SS COlTJTY OF JACKSON )

3efore. ::';, Grace I'lL Spears, a i';otary Public, in and for said County and .':,t::.te ~ on this 17th day of January, 193 4, personally appeared Elizabeth Dunccm, to me L~ov'Y to be the identical person who executed the within and foregoing instrument, and acknowledged to me that she executed the same as her free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS ~'J~-,,~Ri:.0F, .L have hereunto set my official signature

and affixed my notariaJ. seal the day and year last above written. l,ry commL:; ::,;1on "TO l c-= ,c. .i.~ 0V-i1J'"i .-.-" J.......

E,~..:Di r~? ~;;

GPJì.E M. SPEARS,

(~EI\L ":

:Notary Public

\ '. ~ I

2-1

Power of Attorney--page3. STATE OF ~rrNNESOTA

SS

COUNTY OF HENNEPIN

j

me J E. J. Prahl) a Notary Public 5 in an d for said County J; ~.Before and State, on th~ 2nd day of February, 1934, pe rsonally appeared 'Martha Bourdon, to me known to be the identical person who executed

the wi thin and fore going instrument J and acknowledged to me that she

executed the same as her free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my official signature and affixed my notarial seal the day and ye ar last above written. My commission expires

E. J. PRAHL

Notary Public

2-22-1935 (SEAL)

Hennepin County, Minnesota STA'I OF OREGON caUNTt OF COOS.

1 ss

Before me, Beryl Noah: a Notary Public, in and for said County and State J on this 22 day of January, 1934: personally appeared Sarah Louise Sprague, to me known to be the identical pe rson who executed the wi thin and foregoing ins trument, and acknowledged to me that she executed the same as her free and voluntary act and deed for the uses and purposes therein set forth. IN HITNESS WHEREOF, I have hereunto set my official signature and affixed my notarial seal the day and year last above written.

My commission expires

BERYL NOAH

Notary Public

March 25, 1934 (SEAL)

Filed: February 10 J 1934 at 11: 05 A. M., and Recorded in Book 115 at Page 257 of the Records of the County Clerk's Office, Delaware County: Oklahoma.

??

r. ¡.¿

IN THE COU1\iTY COURT OF SEQUOYAH COUNTY, STATE OF OKLAHOl.1A

In the Matter of the estate of Martha Bourdon, DcceQsod George A. Ralph, Administrator

)

Proba to No. 2534. ~

EINA~ DECREE OF DISTRIBUTION AND DECLARATION OF HEIRS. j,),.. Now ~n this the 28th dey of September, A. D. 1938, there comes on for hearing the final report of George A. Ralph as Administrator of the estate of Martha Bourdon, deceased and it appearing to the court, on satisfactory proof and evidence, that the necessary expenses of the funeral Gnd of the last sickness and of administration of said estate have been fully paid and that all the debts existing against said deceased arc allowed by the court pursuant to law have ,been fully paid and satisfied, and that said estate has been fully

adrnnistc::'2d as is sÌ10viD by the final account of George A. Ralph,

Administrator of said estate, which has been duly audited and .allowed by this court, pursuant to due notice given and served reference being had thereto and that said estate is now ready for distribution. That an application ~or distribution and for declaration of heirship has been duly filed herein and after the approval of said final report and account of said administrator the petition for distribution and heirship comes on to be heard before this court. And it further appearing that due notice of the application for this final decree of distribution and for declaration of heirship has been duly given and served pursuant to law in such cases made

and provided.

And it further appearing to the court that said rvJartha Bourdon died intestate in the State of ~innesota and that at the time of her death she was possessed of an undivided one-third interest in and to certain lands situated in the counties of Sequoyah, Delaware, Ottawa, Okfuskee, Garvin, and Muskogee, State of Oklahoma, together wi th certain mineral rights and royal ties si tua ted in Oklahoma County

Okfuskee County, Pottmvatomie, Creek County, Tulsa County, Cleveland County and Payne County, the exact description of which appears in the general invento~j and appraisement filed herein to which reference is hereby made for more particular description and which is hereby referred to and made a part of this decree as if copies herein in words and figures. And it further appearing to the court that at the time of the death of said Martha BoórdonJ deceased, she left surviving as her sole and only heirs at law, no husband, but left the follovdng chil-

dren, that is:

Ethe 1 J. Bourdon William R. Bourdon George R. Bourdon

Henry C. Bourdon Jeanette Cox, Hazel B . Halter.

23

"'-- !

Final Decrce--page 2.

That said decedent left no deceased child or children nor the children of any deceased child or children and that the above named persons each inherited 2n undivided one-sixth in and to the estate . of Martha Bourdon~ situated in the State of Oklahoma and more particularly described i~ the inventory and appraisement and the final

rCDort filed herein.J:..

. It further appe2ri~g to the court that due return had been made to the Oklahom:: Tax Commission and that the inheritance tax assessed by said commission has been duly paid. It is~ therefore, ordered, adjudged and decreed by the court tha t the sale and only heirs of Martha Bourdon are her children, that is~ Ethel J. Bourdon, William R. Bourdon, George R. Bourdon, Henry C. Bourdon~ Jeanette Cox and Hazel B. Wal ter and that the here inafter described shares of said estate of Marthn Bourdon~ deceased, set opposite the names of each of said heirs respectively be and the same are hereby transferred, vested and assigned and. conveyed unto said heirs forever, as follows: To Ethel J. Bourdon, an undivided one-sixth interest To William R. Eourd0n, an undivided one-sixth interest George R. Bou~don, an undivided one -sixth interest Henry C. Bourdon, an undi vided one-sixth interest Jeanette Cox, an undi vided one-sixth interest Hazel B. Walter, an undivided one-sixth interest. TO HAVE il~D TO HOLD the same, together with all and singular the hereditaments and appurtenances thereunto belonging unto the above named persons their heirs and assigns forever. ( SEAL)

J. T. Brockman, County Judge

I, Lillie Rosson, Court C18rk in and for Sequoyah County, State of Oklaho~a, do hereby certify that the above and foregoing is a true correct, and complete copy of the Original decree of Distribution and Heirship in ~e-Estatc of Martha Bourdon, Dec'd. No. 2534, now

on file in my office at Sallisaw, Oklahoma. In Witness Whereof, I have hereunto set my hand and affixed the seal of my office this 28th day of September, 1938. Lillie Rosson, Court Clerk ( SEAL)

Filed:

Fi led: 86-87,

Sequoyah County, September 29, 1938 at 9: 00 A. M. -

November 22, 1938 at ii: 30 A. M. recorded in Book 125 pages records of the County Clerkl s Office, Delaware County, Oklahoma.

24

IN THE COUNTY COURT OF SEQUOYAH COUNTY, STATE OF OKLAHOMA In th0 Matter of the Estate of B. B. Ralph, d8ceascd, George A, Ralph, Executor,

)

No. 2417. ~

),J

FINP~ DECREE.

This matter coming on for hearing this 8th day of July, 1937, pursuant to an orde:r of this court issued on the 17th day of June, 1937, and it appearing to the court that due notice of settlement of final account of George A. Ralph, Executor of the estate of B. B. Ralph, deceased, has been given as required in said order and according to law, the court proceeded to examine the account of the said George A. Ralph and the vouchers produced by George A. Ralph, Executor and further examining the said George A. Ralph under oath, and it appearing to the court that said George A. Ralph has well and truly accounted for every part of said estate and that no profit has been made by him through any inc~2ase of said estate and there being no objection and the court being fully advised, it is therefore ordered, adjudged and decreed by the court that the accounting of the said George A. Ralph be and the same is hereby approved up to and including the 8th day of July, 1937.

It appearing to the Court on satisfactory proof and the evidence that the necessary expenses of funeral, of last illness of said deceased, and of the administration of said estate, have been fully pad anù that all the debts existing against said deceased, or allowed by the court, pursuant to law, have been fully paid anã satisfied and that said estate has been fully administered as shown by the accounting of tho said George A. Ralph, executor of said estate, duly audi ted and allowed by this court pursuant to due notice given and served and reference being had thereto and it further appearing that the said George A. Ralph has paid to the state of Oklahoma all inheritance taxes due tho said State of Oklahoma and that said estate is ready for ãistribution. It further appears that all Federal inheri tanco taxes have been

pai d . It further appearing to the court tha~ due no~ice of application for this decree in said matter assigning the estate to the persons anti tIed thereto by law, and in acco~dance with the terms of the last will and testament of the said B. B. Ralph~ deceased has likewise been duly gi ven and served pursuant to law, in such case made and now provided. and it further appearing to the court that said deceased died testate, and that the residue of the estate in Okla-

hori.a, consists of the following real and personal estate to-vJi t:

25

Final Decroe--page 2.

$9,894.26

CASH

REAL PROPERTY (Land in other Counties of Oklahoma and)

Lands in D:lm.¡are County, Oklahoma (Sub-divisions omitted) ROYl~LTY DTTEm;:tTS IN OKLAHOMA ..

Land not herein abstracted--Abstracttr. It further appearing "CO the court that under and by virtue of the last Will and Testament of said B. B. Ralph the following persons are'the only persons entitled to distributive shares in the

following proportions, to-wit:

George A. Ralph, an undivided 1/3 interest Sarah Louise Sprague, an undivided 1/6 interest Elizabeth Duncan, 2.n unc1i vided 1/6 interest

Martha Bourdon, named as a residuary devise and legatee in said Will has died since the death of the testator and that her heirs, devisees and legatees are Ethel J. Bourdon, William R. Bourdon, George R. Bourdon, Henry C. Bourdon, Jeanette Cox and Hazel B. Wal tor and that they take the 1/3 interest of Martha

Bourdon, deceased.

The court further finds that thcíncome or royalties from certain oil and gas leases owned by the testator in Seminole County, Oklahoma on lands from which oil or gas was being produced at the time of the death of the testator, January 5, 1933 were dìvided and bea-ueathed _by.

said testator. to Lilli2.n H. B2.ker, as trustee of her son

Charles William Baker.

The Court further finds that the last will and tostament of said decedent as admitted to probate is in words and figures as

follows:

76932 LAST WILL AND TESTA~ffNT OF B. B. RALPH

KNOVl ALL 1'EN BY THESE PRESENTS: That I~ the undersigned, B. B. Ralph, of Kansas City, Jackson County, Missouri J being of sound mind and meQory, hereby make, publish and declare the following to be my last

will and te stament .

FIRST: I àirect that all my just debts be paid.

SECOND: I hereby bequeath to Mrs. Laura S. Gerard of Kansas Ci tiT J Missouri, the sum of $50. per month, to be paid monthly during her iife.

26

Final Dccrec--page 3.

THIRD: I hereby bequeath to Mrs. r'largc.rct \i. Jones of Kans2.s City, I1issouri, the sum of $50. per month, payable monthly until t,he sum of Two Thousand Dollars has been paid, when such payments shall cease. If said Margaret W. Jones should die before said two thousand dollars sh2.11 have been paid the payments shall cease at her death.

FOUHTH: I hereby bequeath to the First Qtngregatinnal Church of

Kansas City Missouri, the sum of $500. per -;(;21" for two years, being in all ~l,OOO. the first payment to be made two years after my death.

FIFTH: I hereby devise and bequeath to Miss Jennie L. Wright of K2nsas City, Missouri, my farm ne2.r Kenneth, Johnson County, Kansas all my stock in Ralph Sanitarium Company, a corporation; all the property at No. 529 Highland Avenue, Kansas City, Missouri, known as the Ralph Sanitarium, including all equipment, furnishings and all contents of the building on said property and the good will of the business of said company. SIXTH: I devise and bequeath to Mrs. Lillian H. Baker, of Kansas Ci ty, Missouri, the sum of $100. pCi' month, payable monthly for the period of two years, and at the end of two years the sum of $5000, also the propertìes h'TOì"I as 4601 to 4611, inclusi ve, Independence Avenue, Kansas C.ty, Missouri, and 605 to 607 inclusive, Elmwood Avenue~ Kansas City) Missouri~ subject to encumbrances thereon; and also all gas and oil royal ties which I own in Greenwood County, Kansas, and in Brown County, Texas.

SEV-L\JTH: I devise and bequeath to said Lillian H. Baker, as Trustee for her son Charles William Baker, a minor, my farm in Marshall County, Minnesota; and my oil and gas royalty interests in Seminole County) Oklahoma.

EIClflH: I bequeath to Ralph Emerson Duncan any notes which I may hold aGaiust him,

NINTH: I hereby devise and bequeath all the rest, residue and remainder of my est2.te, real) personal and mixed, to my brother GGorge A. Ralph, of Kansas City, Missouri, and my sisters Martha Bourdon,

of Minneapolis, Mennesota, Sarah Louise Sprague J of Marslu~ieid, .

Oregon, and Elizabeth Duncan, of Kansas City, Missouri, in the following proportions ~ to-wit: To Geo rge A. Ralph, 1/3; to Martha Bourdon 1/3; to Sarah Louise Sprague) 1/6; and to Elizabeth Duncan) 1/6.

TENTH: If any beneficiary for whom provision has been made in this will shall directly or indirectly contest any provision thereof such person shall rccei ve only the sum of $1.00 and the share hereinbefore provided for such person shall become a part of my residuary estate and bc distributed among my residùary legatees as hereinbefore

27

Fin~l Decree--page 4.

provided or in case one of them sh211 so contest then his or her share shall be equally divided between the remainder of my said resi-

duary legatees.

ELEVENTH: I hereby appoint George A. Rcilph of Lake land) Florida

wi thout bond. ..

and Clem T. K21eher, of Rich Hill J Missouri, executors of this) my last will and testament) and request tl~¿:Lt they bç/-pcrmitted to serve

It is my desire that in lieu of the compensation fixed by statute for the services of my sciid executors) the said George A. Ralph be paid for such services from my residuary estate and bcfore distribution thereof as hereinbefore provided a sum equal to $100. per month for each month he shall so serve~ and that the said Clem T. Keleher

be paid therefrom 2. commission equal to 10% of my personal estate

and money arising from the sale of my real estate and distributed

under the provisions of this) my will. And my said executors by accepting appointment as such and entering upon the discharge of their duties shall be decmed to have ac¿epted the terms of this provision for their compensation. Advances to heirs to be made as available.

IN TESTIMONY vrnREOF, I have hereunto set my hand this 15th day of December, 1932. B. B. RALPH

The foregoing instrument, consisting of 3 pages, was signed by the testator, B. B. Ralph, in our presence, and at his request and in his presence and in the presence of each other v¡e have hereunto subscribed our names as witnesses the day and~ year last above men-

tioned.

CORRIN-- IVRRILL MARY R. MlJRRAY

ELMER SEABOLT STATE OF MISSOURI COu~TY OF JACKSON

~ SS.

In the Probate Court of Jackson County at Kansas City, November Term A. D. 1932. Now on this iOth day of January, 1933, personally appeared before Ben R. Estill, special Judge of the Probate Court of the County and State aforesaid, in open Court Corrine Merrill, Mary R. Murray and Elmer Seabolt the subscribing witnesses to the annexed will of B. B. Ralph and the said Corrine Merrill, Mary R. Murray and Elmer Seabolt being first duly sworn depose and say that the sai dB. B. Ralph the testator subscribed the same in their presence and published the said will or instrument of writing as his last will; that he, the said testator was at the time of publishing his said will, of sound minâ

28

Final Decrcc--page 5.

and more than twenty-one years of age J and that they; the said de-

ponents, attested the said will as "iJitnesses thereto, at the request of said testator by subscribed their names to the same in the presence of said testator and in the presence of. each other. CORRINE MERlULL M.ARY R. MURRAY

ELMER SEABOLT

l"

Sworn to and subscribed Defore me, in open court, the day 2nd year first above written. IN WITNESS \lHEHEOF, I have hereunto set my hand ::md affixed the

. seal of said Court J at office in Kansas City, this ioth day of January, A. D. 1933. ( SEAL)

CHARLS M. LOVE, Clerk

STATE OF MISSOURI COü1I1TY OF JACKSON.

~ SS.

Charles M. Love, Clerk of the Probate Court of theCounty and State aforesaid; hereby certify that the foregoing instrument of writing, signed by B. B. Ho.lph and purporting to be the last will and testament of B. B. Ralph, deceased) was filed herein for probate

and the Court having examined said instrument of \vri ting, and hav-

ing heard the testimony of Corrine Merrill, Mary R. Murray and Elmer Seabol t subscribing wi tnesses thereto in relatìon to the execution of the same) does declare and adjudge said instrument of writing to be the last will and testament of B. B. Ralph; deceased) late of Jack-

son County and orders the same to be recorded as .such. ' IN WITß~SS W~~REOF, I have hereunto set my hand and affixed the seal of said Court) at office in Kansas City, this ioth day of January; A. D. 1933.

CHAES M. LOVE, Clerk

( SEAL)

CLERK 1 S CERTIFICATE

STATE OF MISSOURI COUNTY OF J ACK~ON

~

SS.

I, Edward J. McGovern, Clerk of the Probate Court within and for the County and State aforesaid, hereby certify that the above and foregoing is a full; true 2.nd complete transcript of the. last will and testament of B. B. Ralph) deceased~ together with proof and certificate of Probate J thereof ~ as the same remains of record and on file in my office. IN TESTIMOWI WHEREOF, I have hereunto set my hand and affixed

""9 '"

Final Decrcc--page 6.

the seal of said court, at office in Kansas City, Mo., this 11th day of July, A. D., 1938.

(SEAL) EDWARD J. McGOVERN, Clerk JUDGE i S CERTIFICATE STATE OF MISSOURI COUNTY OF J !iCKSON

\

jJ ,..

) SS.

I, Mitchell J. Henderson, sole Judge J of the Probate Court of Jackson County, State of Missouri, do hereby certify that the above named Edward J. McGovern, by whom the foregoing attestation was made was at the time of so making the same, and is now the Clerk of said Court, to all whose acts as such, full faith and credit should be given as well in courts of this Jurisdiction as elsev'lhere that the seal thereto annexed is the seal of said Probate Court, which said attestation so made by him is in due form of law, and that he was entitled to do so. WITNESS my..hand this 11th day of July, A. D., 1938.

M. J. HENDERSON, Judge

UNITED STATES OF AlllRICA STATE OF rUSSOURI, ) COUNTY OF JACKSON) SS.

I, Ed...¡ard J. McGovern, Clerk of the Probate Court of Jackson County, in the State of Missouri, (said Court being a Court of Record), do hereby certify that the Honorable Mitchel J. Henderson, whose name is subscribed to annexed and foregoing CERTIFICATE was at the time of signing thereof and now is the Probate Judge of said Jackson County, and sole Pre siding Judge of said Probate Court, duly elected, commissioned and qualified, and that his said Signature is

genuine.

IN WITNESS WHEREOF, I have signed my name and affixed the seal of said Probate Court, at my office in the Ci ty of Kansas City, in said Jackson County, this 11th day of July, 1938.

EDWARD J. McGOV~RN, Clerk

( SEAL)

Filed in Sequoyah County, July 21 ~ 1938.

And it further appearing that the aforesaid par~ies are the only heirs of said B. B. Ralph~ deceased and from evidence introduced that

the possi bili ty of a pretermitted child or children does not exist and

30

,,- i

Final Decree--page 7.

i t furt;1ei~ appears to the court that it would not be to the best interest of the estate to discha!ge th~ executor at this time.

The Court further finds that all the specific bequests in said Will have been satisfied. IT is THEREFORE, ORDERED, ADJUDGED AND DECREED by the court that George A. Ralph, Sarah Louise Sprague, Elizabeth Duncan and Ethel J. Bourdon, William R. Bourdon, George R. Bourdon, Henry C. Bourdon, Jeanette Cox and Hazel B. -vJalters, heirs, devisees and legatees of Martha Bourdon, now deceased, residuary devisee and legatee in said last wìll of the said B. B. Ralph, deceased, 2re the sole and only beneficiaries under the terms of the last will and testament of s2id B. B. Ralph, deceased, and are the sole and only heirs of said B. B. Ralph, deceased, entitled to share in said estate and that all of the hereinbefore described real estate, personal property and cash be and the same is hereby transferred, conveyed and assigned to: C~orge A. Ralph, an undivided 1/3 interest, Sarah Louise Spra~ue, an undivided 1/6 interest, Elizabeth Duncan, an undivided 1/6 interest, Martha Bourdon, named as a residuary devisee and le'gatee in said vvill has died since the death of the testator and that her heirs, devisees and legatees are Ethel J. Bourdon, William R. Bourdon, George R. Bourdon, Henry C. Bourdon, Jeanette Cox and Hazel B . Walter and that they take tiie 1/3 interest of I\1artha Bourdon.' deceased.

To have and to hold the same together with all and singular the hereditaments and appurtenances thereunto appertaining) to the above named persons, their heirs and assigns, forever. It is further ordered.' adjudged and decreed by the court that it is to the best interest of the estate that the Executorj George A. Ralph) be not discharged as such executor until further orders of this court. J. T. BROCKM~N, County Judge (SEAL) Filed July 8, 1937

i, Lillie Rosson, Court Clerk in and for Sequoyah County) State of Oklahoma, do hereby certify that the above and foregoing is a true correct and complete copy of the Original Final Decree now on file in my office at Sallisaw j Oklahoma.

In Witness 'Vjhereof) I have hereunto set my hand and affixed the

seal of my office this 1st day of Dec., 1938.

LILLIE ROSSON, Court Cle rk

( SEAL )

Filed: December 14, 1938 at 2: 30 P. M. recorded in Book 125 at pages 124 to 126 inclusive; records of the County Clerk1s Office) Delaware County, Oklahoma.

tj"'

") "":l

j',j ..

CERTIFICATE OF STATE TAX CQl:TI\lISSION OKLAHOMA TAX COl~1ISSION

STATE OF OKLAHOMA. STATE OF OKLAHOMA C01nJTY OF OKLAHOMJI..

l ss

This is to certify that on the 25th day of January, 1937, in estate of B. B. Ralph~ decensed~ Probate No. 2417~ Sequoyah County~ Oklahoma, all inheritance) Gstat9 and transfer taxes the matter of the

we re paid to the State of Oklahoma in the sum of S 1 J 018.62 as shown

by the records of the Oklahoma Tax Commission~ Account No. 5344) Receipt No. 462-D.

Witness the hand and the seal of this office on this 29th day of December) A. D. 1938. OKLAHOMA TAX COl~lISSION

C. C. Brown, Commissioner ATTEST:

J. J. oge R Srs,t e(sv ~ T.Lru \¡ ere ary APPROVED: Na1 ter Harris J Acting Director Est.ite &; Inheritance Tax Division.

Filed: January 18, 1939) at 2: 50 P. M. recorded in Book 125 at page 148, rocords of County C1erkl s Office, Dc12Ì'mre County, Oklahoma.

32

Form 792

Revised November 1933. =11478.

TREASURY DEPARTMENT Ir1t8rnal R2vcriU2

CERTI?ICATL RELEASING ESTATE TAX LIEN. MT-ET 2125 District of 6th Missouri, Date of Death Janu~ry 5, 1933.

Estate of Bcnj2men B. Ralph, Residence at time of death, Missouri.

By direction of the Commissioner of Intei~al Revenue, and in accordance wì th the provisions of the laws applicable to the collection of intern2.1 revc:nues, I do hereby certify th2t the estate tax wi th respect to the above named estate has been fully discharged or duly provided for wherefore and by reason whereof, I do hereby issue this certificate releasing the lien of the United States ìmposes by Section 315 of the Revenue Act of 1926 on the following described props rty:

1009.86 acres of 12nd in Ottawa County, Oklahoma, as returned for Federal Estate Tax.

7190.22 acres of land in Delaware County, Oklahoma, as returned for Federal Estate Tax. 1016.77 acres of land in Muskogee County, Oklahoma as returned for Federal Estate Tax,

40. 03L~ .8LL 2,C res of land in Sequoyah County, Oklahoma J as re turned for Federal Estate Tax. D. S. Bliss Deputy Commissioner

Washington, D. C. Feb. 21 J 1939. Filed: March 1, 1939 at 4: 10 P. M. and recorded in Book 125 at page 180, records of County Clerk i s Office, Delaware County, Oklahoma.

r. .. .. -' "'..u

OKLAHOt~ TAX COMMISSION

STATE OF OKLAHOMA STATE OF OKLAHOlfiA

, . ss

COUNTY OF OKLAHON~

Re: Martha Bourdon Sequoyah County-Probate 2534 ..

THIS IS TO CERTIFY that the records of this office disclose ~nat as of this date) no assessment of inheritance) estate or transfer taxes

has been maàe upon the estate of Martha Bouràon, deceased, who died

December 28) 1932, WITNESS our hand and seal of office this 18 day of July, 1963.

ATTEST: (SEAL) M. C. Connors,

OKLAHOMA TAX COMMISSION By J. D. Dunn,

Secretary

Chairman

APPROVED:

E, B. Cook Director Estate Tax Division

& Inhe ri tance

In View of the limitation upon assessments of the inheritance, Estate and Transfe r Tax Liability subsequent to the lapse of ten (10) years after the date of death of any decedent, provideà by section 989m) Title 68, Oklahoma Statutes 1941, as amended by the Session Laws of Oklahoma 1947, and the fact that the decedent named in the enclosed certificate has been deceased for a period of more than ten (10) years) said certificate has been issued in respe~t to the estate of said

decedent.

FILED: September 30, 1965 at 10: 10 A. M. J recordeà in Book 249, page 252. c.. /;i

tjLl

IN THE COæ~TY COURT IN AND FOR THE COUNTY OF SEQUOYAH, STATE OF OKLAHOI\1A

In the matter of the Estate of

Martha Bourdon.... ~ . . . Deceased George A. Ralph. .AQ~inistrator

) )

Probate No. 2534

\

)

FINAL DECREE OF DISTRIBUTION P~D DECLARATION OF HEIRS Now on this the 28th day of September, A. D. 1938, there comes on for hearing the final report of George A. Ralph as Administrator of the estate of Martha Bourdon, deceased, and it appearing to the Court, on satisfactory proof and evidence, that the necessary expenses of the funeral and of the last sic:K.ness and of administration of said estate have been fully paid and that all the debts existing against said deceased are allowed by the court pursuant to law have

been fully paid and sa tisf ied, and that said e s ta te has been fully

administered as is shown by the final account of George A. Ralph, administrator of said estate, which has been duly audited and allowed by this court, pursuant to due notice given and served reference being had hereto and that said estate is now ready for distribution.

heirship

That an application for distribution, and for declaration of

has been duly filed herein and after the approval of said final report and account of said administrator the petition for distribution and heirship comes on to be heard before this Cøurt. And it further appearing that due notice of the application for this final decree of distribution and for declaration of heirship has been duly given and served pursuant to law in such cases made and

provided. And it further appearing to the court that said Martha Bourdon died intestate in the State of Minnesota and that at the time of her death she was possessed of an undivided 1/3 interest in and to certain lands situated in the couties of Sequoyah, Delaware J Ottawa,

Of juskee County, ?ottawotomie, Creek County, Tulsa County, Cleveland County, and Payne County, the exact description of which appears in the general inventory and appraisement filed herein to which reference is hereby made for more particular description and which is hereby referred to and made a part of this decree as if copies herein in words and figures. ':;1. 't--u

Final Decree... page 2

And it further appearing to the court that at the time of the dea th of said Martha Bourdòn, deceased, she left surviving as her sole and only heirs at law, no husband, but left the following children,

that is:

,j

,7 '

..

Ethel J. Bourdon, William R. Bourdon, George R. Bourdon, Henry C.

Bourdon, Jeannette Cox, and Hazel B. 'Walter. That said decedent left no deceased child or children nor the children of any deceased child or children and that the above named persons each inherited an undivided 1/6 interest in and to the estate of Martha Bourdon, situated in the State of Oklahoma and more particularly described in the inventoryand appraisement ~nd the final report filed herein. It further appearing to the court that due return has been made to the Oklahoma Tax Commission and that the Inheritance tax assessed by said commission has been duly paid.

IT is, THEEFORE, ordered, adjudged and decreed by the court that the sole and only heirs of Martha Bourdon are her children, that is, Ethel J. Bourdon, William R. Bourdon, George R. Bourdon, Henry C. Bourdon, Jeannette Cox and Hazel B. Walter, and that the hereinafter described shares of said estate of Martha Bourdon" deceased,,, set opposi te the names of each of said heirs respectively be and the same are hereby transferred vested and assigned and conveyed unto said heirs forever" as follows: To To To To To To

Ethel J. Bourdon, an undivided 1/6th interest; William R. Bourdon, an undivtded 1/6th interest; George R. Bourdon, an undivided 1/6th interest; Henry C. Bourdon, an undivded 1/6th interest; Jeannette Cox, an undivided ij6th interest; Hazel B. Walter, an undivided 1/6 interest;

TO HAVE AND TO HOLD the same, together with all and singular the hereditaments and appurtenances thereunto belonging unto the above named persons their heirs and assigns forever. ( SEAL)

J. T. Brockrnan"

County Judge

Filed: Oct. 19~1960 a~ 10: 20 A.M. Recorded in Book 225 at pages 675-676

t."'6

STATE OF OKLAHOI~, COUNTY OF SEQUOYAH... SS

IN THE CotmTY COURT

In the Matter of the Estate ) of B. B. Ralph, deceased. )

No. 2417

George A. Ralph, Executor.. ) Jj. '..

FINAL DECREE

This matter coming on for hearing this 8th day of July, 1937 pursuant to an order of this court issued on the 17th day of June, 1937, and it appearing to the court that due notice of settlement of final account of George A. Ralph, Executor of the estate of B. B. Ralph, deceased, has been given as requir ed in said order and according to law, the court proceeded to examine the account of the said George A. Ralph and the vouchers produced by George A. Ralph executor, and further examining the said George A. Ralph under oath, and it appearing to the court that said George A. Ralph has well and truly accounted for every part of said estate and that no profit has been made by him through any increase of said estate and there being no objection and the court that the accounting of the said George A. Ralph be and the same is hereby approved up to and including the 8th day of July, 1937. It appearing to the Court on satisfactory proof and evidence that the necessary expense of funeral, of last illness of said deceased, and of the administration of said estate, have been fully paid

and that all me debts exis ting agains t said deceased, or allowed by the court, pursuant to law, have been paid and satisfied and that said estate has been fully administered as shown by the accounting of the said George A. Ralph, Executor of said estate, duly audited and 2llowed by this Court, pursuant to due notice given and served and reference being had thereto and it further appearing that the said George A. Ralph has paid to the state of Oklahoma and that said es-

ta te is ready for distribution.

It further appearing to the court that due notice of application for this decree in said matter assigning the estate to the persons

entitled the reto by law, and in accordance with the terms of the las t

will and testament of the said B. B. Ralph, deceased, has likewise been duly given and served pursuant to law, in such case made and now provided, and it further appearing to the court, that said deceased died testate, and that the residue of the estate of Oklahoma consists

of the following real and personal estate, to-wit: Cash

,j.."..i-

$9,894.26

Final Decree..opage 2

REAL PROPERTY (Other lands) and Lands in Delaware CountYJ Oklahoma (Sub-divisions omitted)

Royalty Interest in Oklahoma Tul sa CouI)"ty (Interest and Sub-divisions omitted)

Creek Count'y Oklahoma COUi'1ty Cleveland County Pottawatomie County Okfuskee County Payne County Also real estate and royal ties on various counties of Oklahoma.

It further appearing to the court that under and by virtue of the last will and testament of said B. B. Ralph and following persons are the only persons entitled to distributive shares in the following:

George A. RalphJ an undivided 1/3 interest; Sarah Louise Sprague, an undivided 1/6 interest; Elizabeth Duncan, an undivided 1/6 interest; Martha Bourdon, named as a residuary devisee and legatee in said Will has died since the death of the testator and that her heirs, devisees and legatees are Ethyl J. Bourdon, William R. Bourdon, George R. Bourdon, Heney C e Bourdon, Jeannette Cox and Hazel B. Walter, and that they take the 1/3 interest of Martha Bourdon, deceased. The Court further finds that the income or rayal ties from certain oil and gas leases owned by the testator in Seminole County, Oklahorr, on lands from which oil and gas was being produced at the time of the death of the testator, January 5, 1933, were divided and bequeath by said testator to Lillian H. Baker, as trustee of her son, Charles

William Baker. The Court further finds that the last Will and Testament of said decedent as admitted to probate is in the words and figures as follows:

LAST WILL A~D TESTM~NT OF B. B. RALPH ( See Authenticated Copy of Will herein shown)

And it further appearing that the aforesaid parties are the only heirs of said B. B. Ralph, deceased and from evidence introduced that the possibility of a pretermitted child or children does not exist and it further appears to the Court that it would not be the best interest 1_ -:.8'.

Final Decree.... page 3

of the estate to discharge the executor at this time.

IT is THEPEFORE, ordered, adjudged and decreed by the Court that George A. Ralph, Sarah Louise Sprague, Elizabeth DJncan and Ethel J.

Bourdon, i,lllliam B...Bourdon, George R. Bourdon, Henry C. Bourdon,

Jeannette Cox and H'á5.el B. Hal ter -' heirs, executors, devisees and legatee in said last~ill of the said B. B. Ralph, deceased are the sole and only beneficiaries under the terms of the Last Will and Testament of said B. B. Ralph, deceased, and are the sole and only heirs of said deceased, entitled to share in said estate and that all of the hereinbefore described real estate, personal property and cash be and the aame is hereby transferred conveyed and assigned to: George A. Ralph, an undivided 1/3 interest; Sarah Louise Sprague, an undivied 1/6 interest; Elizabeth Duncan, an undivided 1/6 interest; Martha Bourdon, named as a residuary devisee and legatee in said will has died since the death of the testator and that her heirs, devisees, and legatees are Ethel J. BODldon, William R. Bourdon, George R. Bourdon, Henry C. Bourdon, Jeannette Cox, and Hazel B. Walter, and that they take the 1/3 interest of Martha Bourdon, deceased.

To have and to hold the same together with all and singular the hereditaments and appurtenances thereunto belonging, to the above named persons their heirs and assigns forever. It is further adjudged and ordered and decreed by the court that it is the best interest of the estate that the Executor, George A. Ralph, be not discharged as such executor until further orders of this

court. ( SEAL)

J. r- Brockman County Judge

Filed: Oct. 19, 1960 at 10:30 A.M. Recorded in Book 225 pages 677-678

,r, ""

s ." ;:

INSTRU1IfNT:

;:UITCLftIN DEED

GRANTORS:

Elizabeth Duncan, Ethel J. Bourdon, William R. Bourdon~ George R. Bourdon, Henry C.

Bourdon, Jeanette Cox, Hazel B. Walter. GRANTEES:

George A. Ralph and Sarah Louise Sprague.

DA TED:

April 14, 1939 /'-"

FILED:

August 22, 1939 at 10 A. M.

RECORDED IN:

Book 135, pages 153 to 159, inc 1 usi ve .

CONSIDERATION:

$1.00 and to effect exchange of property.

GRANTING CLAUSE:

Grant, bargain, sell, convey & quitclaim.

COVENANTS:

To have and to hold.

DESCRIPTION (Other land) and wl SWt: Section 12, Township 23 North, Range 22 East.

Elizabeth Duncan Ethe 1 J. Bourdon

William R. Bourdon George R. Bourdon Henry C. Bourdon Jeanette Cox

STATE OF MISSOURI Hazel B. Walter COUNTY OF JACKSON.. .ss

Before me, Elizabeth B. Barns, the unde rsigned Notary Public in and for said County and State, on the 29th day of March, 1939, personally appeared Elizabeth Duncan, to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that she executed the same as he r free and voluntary act and deed, for the uses and purpo~es there in set forth. Wi tness my hand and official seal the date above written, My commission expires: January 5, 1940. (SEAL)

Eliza~eth B. Barns,

Notary Public.

STATE OF MINNESOTA COrn~TY OF ~ENNEPIN.. . ss E€fore me, C. F. Bohn, the undersigned, Notary Public in and for said County and State J on the 20th day of March, 1939, pe rsonally appeared

40

Deed.. .page 2

Ethel J. Bourdon, to me known to be the identical person who executed

the wi thin and foregoing instrument, and acknowledged to me that she executed the same as her free and voluntary act and deed, for the uses and purposes therein set ~orth. Witness my hand and official seal the date above written. C. F. Bohn,

My commiss ion expires:

July 18, 1945. (SEAL)

,l,Notary Public. ..

STATE OF ARIZONA COUNTY OF NAVAJO. . . SE Before me, W. E. Ferguson, the undersigned, Notary Public in and for said County and State, on the 5th day of April, 1939, personally appeared William R. Bourdon, to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that he executed the same as his free and voluntary act and deed, for the uses and purpose s the re in set forth.

Wi tne ss my hand and official seal the date above written.

My commission expires:

W. E. Ferguson,

July 6, 1941. (SEAL)

Notary Public.

STATE OF MINNESOTA COUNTY OF HENNEPIN... s s Before me, C. F. Bohn, the undersigned, Notary Public in and for said County and State, on the 20th day of March, 1939, personally appeared George R. Bourdon, to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that he executed the same as his free and voluntary act and deed, for the uses anà purposes therein set forth. Witness my hand and official seal the date above written. My commission expires:

C. F. Bo hn ,

July 18, 1945. (SEAL)

Notary Public.

STATE OF MINNESOTA COUNTY OF CASS...... .ss

Before me, E. R. Starkweather, the undersigned Notary Public ìn and for said County and State, on the 10 day of April, 1939, personally appeared Henry C. Bourdon, to me known to be the identical person who executed

the wi thin and foregcing instrument, and acknowledged to me that he executed the same as his free and vo luntary act and deed, for the uses and purposes therein set forth. Wi tness my hand and official seal the date above written.

E. R. Starkweather,

My commission expires: January 20, 1942. (S~AL)

Notary Public. 41

Deed,.,page 3

STATE OF TENÑ~SSEE COUNTY OF WASHINGTON. . . s s Before me, L. J. Ross, the undersigned Notary Public in and for said County and State, on the 14th day of April, 1939, personally appeared Jeanette Cox, to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that she executed the same as her free and voluntary act an~.,deed for the uses and purposes

therein set forth. .. . Wi tness my hand and official seal the date above written.

My commission expires:

L. J. Ros s,

Notary Public.

April 11, 1940. (SEAL)

STATE OF MINNESOTA COUNTY OF HENNEPIN... s s Before me, C. F. Bohn, the undersigned Notary Public ìn and for said County and State, on the 20th day of March, 1939, personally appeared Hazel B. Walter, to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that she executed the same as her free and voluntary act and deed, for the uses and purposes

therein set forth.

Witness my hand and official seal the date above written.

My commission expires:

C. F. Bo hn ,

Notary Public.

July 18, 1945. (SEAL)

42

"

INSTRUMENT:

QUITCLAIM DEED

GRANTOR:

Sarah Louise Sprague, a widow

GRANTEE:

George A. Ralph

DATED:

July 10, 1939.

FILED:

August 22, 1939 at 10:15 A. M.

RECORDED IN:

Book 135, pages 160~..to 164, inclusive.

CONSIDERATION:

$1.00 and division of property.

GRANTING CLAUSE:

Grant, bargain, se ll, convey and qui tc laim.

COVENANTS:

To have and to hold.

J.

DESCRIPTION (Othe r land) and

W~ SWt: Section 12, Township 23 North, Range 22 East. The same being all of this grantor's interest in all the land described in a certain deed from Elizabeth Duncan, Ethel J. Bourdon, William R. Bourdon, George R. Bourdon, Henry C. Bourdon, Jeanette Cox and Hazel B. Walter to George A. Ralph and Sarah Louise Sprague to this grantor dated April 14th, 1939. Sarah Louise Sprague STA TE OF OREGON COUNTY OF COOS.... ss

Before me, the undersigned, a Notary Public, in and for said County and State, on this tenth day of July, 1939, personally appeared Sarah Louise Sprague, to me known to be the identical pe rson who executed the within and foregoing instrument, and acknowledged to me that she executed the same as her free and voluntary act and deed for the uses and purposes

therein set forth.

In Witness Whe reof, I have he reunto set my official signature and affixed my notarial seal the day and year last above written,

Lewis H. Small

My commission expires:

Notary Public.

Séptember 8, 1942. (SEAL)

43

INSTRUMENT:

QUITCLAIM DEED

GRANTORS:

George A. Ralph and Carolyn V. Ralph, his wife,

GRANTEE:

Richard R. Fe lle r

DA TED:

September 20, 1939.

FILED:

October!, l. 1 39'89 a-r Lii:: A j. in '.. .J.~'j.

RECORDED IN:

Book 135,. pages 198-199.

CONSIDERATION:

$10.00

GRANTING CLAUSE:

Grant, bargain, sell, convey and quitclaim.

COVENANTS:

To have and to hold.

DESCRIPTION (Othe r land) and

wl swt: Section 12, Township 23 North, Range 22 East. Signed, Sealed and Delivered in presence of Flo Worne Henry J. Lewis.

George A. Ralph Carolyn V. Ralph

STATE OF FLORIDA, COUNTY OF POLK..... ss Before me, Henry J. Lewis, Notary Public in and for State of Florida at large on this 20th day of September, 1939, personally appeared George A. Ralph and Carolyn V. Ralph, his wife to me known to be the identical persons who executed the within and foregoing instrument, and acknowleàged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. Wi tness my hand and official seal the day and date above written.

My commission expires:

Henry J. Lewis,

October 26, 1942. (SEAL)

Notary Public.

44

INSTRUMNT:

WARRANTY DEED

GRANTOR:

Richard R. Feller and Marean Beatrice Feller) husband and wife.

GRANTEE:

Grand River Dam Authority, a public

DATED:

January 25, 1940

corporation. ,j

,; ,..

FILED:

February 22) 1940 at 2:4& P. M.

RECORDED IN:

Book 131, page s 636- 637

CONSIDERATION:

$ 64 . 50

GRANTING CLAUSE:

Grant, bargain, se 11 and convey

COVENANTS: .

To have and to hold.

EXCEPTIONS:

None

REVEN1Æ :

None

DESCRIPTION All that part of the wl SW~ of Section 12, Township 23 North, Range

22 East of the I.B.M. particularly described as follows, to-wit: Beginning at a point in the North boundary of said w~ SW~ and 619.0 ft. E. of the NW corne r thereof; thence S. 88° 57' E. along said N. boundary a distance of 326.2 feet to a point 366.5 ft. W. of the NE corner thereof; thence S. 19° 20' W. 186.8 ft., thence S. 11° 45 ¡ W. 532.7 ft.; thence S. 37° 351 W. 284.7 ft.) thence S. 43° 00 i w. 393.9 ft., thence S. 49° 111 w. 226.7 ft.; thence N. 86° 11' w. 138.5 ft., thence N. 30° 581 E. 417.7 ft., thence N. 29° 02' E. 137 .8 ft.; thence N. 38° 39 ¡ E. 306.3 ft., thence N. 13° 40 i E. 393,6 ft.) thence N. 11° 00 IE. 152.0 ft., thence N. 0° 55 IE. 106.4 ft. to the point of beginning, containing 8.9 acres, more

or less.

Richard R. Feller Marean Beatrice Feller

45

Deed.. .page 2

STATE OF WEST VIRGINIA COUNTY OF BERKELEY. . . . . . . s s

Before me, the undersigned, a Notary Public wi thin and for said County and State on this 25th day of January, 1940, pe rsonally appeared Richard R. Feller and Marean Beatrice Feller, husband and wife, to me known to be the identical persons who executed the within and f~~egoing instrument and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set

fo rth . Witness my hand

and official seal the day and year last above written.

Ernest 0 . Siler,

My commission expires: January 13, 1949. (SEAL)

Notary Public.

46

INS'I'RUf/IENT:

QUITCLAIM DEED

GRANTORS:

Richard R. Feller and Marean Beatrice Feller, his wife.

GRANTEES:

Norman B. Blake

DATED:

October 21, 1940

FILED:

November 29, 1940 at 2:20 P. M.

RE CORDED IN:

Book 142, page 94

CONSIDERATION:

$ 10.00

GRANTING CLAUSE:

Grant~ bargain, sell, convey and quitclaim.

COVENANTS:

To have and to hold.

EXCEPTIONS:

None

REVENU:

None

J,j '..

DESCRIPTION (Othe r land) and

W~ SWt: Section 12, Township 23 North, Range 22 East.

Richard R. Fe lle r Marean Beatrice Feller

STATE OF WEST VIRGINIA

BERKLY COUNTy.......... s s Before me, the undersigned, a Notary Public in and for said county and state on this 21st. day of October, 1940, personally appeared Richard R. Feller and Marean Beatrice Feller, to me known to be the identical persons, who executed the within and foregoing instrument and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth,

Ernest O. Siler,

My commission expires;

Notary Public.

January 13, 1949. (SEAL)

47

INSTRUMNT':

QUITCLAIM DEED

GRANTORS:

Norman B. Blake and Kathleen E. Blake,

GRANTEES:

Ethe 1 J. Bourdon

DATED:

De cembe r 18, 1940

FILED:

De c e mb e r 26, 1940 2 t 11: 15 A. M.

RECORDED IN:

Book 142, page 364

CONS IDERA TION:

$1 . 00

GRANTING CLAUSE:

Grant, bargain, sell, convey and quitclaim.

COVENANTS:

To have and to hold.

EXCEPTIONS:

None

REVENU:

None

husband and wife,

DESCRIPTION (Other land) and

wl swt: Section 12, Township 23 North, Range 22 East. Norman B. Blake Kathleen E. Blake STATE OF MINNESOTA COUNTY OF HENNEPIN,. .ss Before me, the unde rsigned, a Notary Public in and for said county and state on thìs 18th day of December, 1940, personally appeared Norman B. Blake and Kathleen E. Blake, husband and wife to me known to be the identical persons, who executed the within and foregoing instrument, and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. Witness my hand and seal the day last above written.

My commission expires:

Herbert F. Horner,

Notary Public.

November 14, 1945. (SEAL)

48

j

FLOWAGE EASEMENT

This Inden ture, :iade and entered into this 9th day of June, 1941, by and bet~een ETHEL J. BOURDON, a single ~oman, party of the first part, and GRAND RIVER DAr'Î J;.UTHORITY, a public corporation, party of the second

part.

WITNESSETH, that the party of the first part, in consideration of the sum of Ten and no/lOG Dollars ($10.00) the receipt \-.hereof is hereby ackno~ledged do by these presents grant and convey unto said party of the second part, its SUCC2ssors and assigns, forever, the perpetual right, privilege and authority to flow the ~aters impounded in the Grand River Dam Lake by the construction and operation of the Grand River Dam on Grand Rive r near Pensacola, Oklahoma, upon all that part of the following described land in Delaware County, Oklahoma, lying below elevation 750 above moan sea level, to-~it: That part of the NEi NWi swi, SectioQ 12, Township 23 North,

Range 22 East of the Indian Base and Me ridian, lying be low the 750 contour, not owned by GRDA.

and to withdraw said waters from said land, to cut and clear all timber below elevation 745 above mean sea level, and to do all things necessary in preparing and maintaining said land below elevation 750 above mean

sea le ve 1 in a suitable condi tìon for ove rflowing and inundation with

the waters of the Grand River Dam lake, and to remove or require the removal of J all buildings, fences and othe r improvements from said land lying below elevation 745 above mean sea level, as and when the second party may determine (if the party of the second part shall require the removal of such buildings, fences and/or othe r improvements, the party of the first part shall have the pri vilege of removing same if such removal is accomplished wi thin a reasonable time after notification by the party of the second part) together ~i th all the rights, easements,

pri vileges, and appurtenances in and to saìd land which will be required or needed for the full enjoyment of the right of backing and flowage herein provided.

The consideration herein recited is in full settlement and liquidation of any and all damages which may have heretofore accrued or may hereafter

acc rue by reason of the inundation and ove rflowing of said land be low e levation 750 above mean sea level and for cutting and clearing timber and/or removing, or requiring the removal of buildings, fences or other improvements on said land below elevation 745 above mean sea level and for all

ope ra tions of the Authority in preparing and maintaining said land be low elevation 750 above mean sea level in suitable condi tion for overflowing and inundation with the waters of the Grand River Dam Lake, and the party of the second part) its successors and assigns) shall never be liable for d2.mages or otherwise for the overflowing or inundation of the said land or any improvements therBon herein provided.

49

Easement. . . page 2 Party of the first part, for herse If, her he irs, executors and ad~inat the time of the delivery

istrators, do hereby covenant and agree that

of these presents, she is lawfully seized in her own right of an absolute and indefeasible estate of inheritance in fee simple in and to the above described premises; that the same are free and clear of all defects, liens and encumbrances; and that she will warrant and forever defend the same unto said party of the second part, its successors and assigns against said party of the first part, and all or every person whomsoever lawfully claiming or to claim the same.

IN vHTNESS ìi.REOF, party of the first part have hereunto subscribed her name on this the 9th day of June, 1941. Ethe 1 J. Bourdon

STATE OF MINNESOTA COUNTY OF HENNEPIN... ss Before me, the undersigned, a Notary Public wi thin and for said county and state on this 9th day of June, 1941, personally appeared Ethel J. Bourdon, a single woman to me known to be the ìdentical person who executed the within and foregoing instrument, and acknowledged to me that she executed the same as her free and voluntary act and deed for the uses and purposes therein set forth. Wi tness my hand and official seal the day and year last above written.

Rose. O. Donnell

My commission expires:

Notary Public.

September 2, 1945. (SEAL)

FILED: June 25, 1941 at 10:15 A. M., recorded in Book 148, pages 17-18.

50

, I

IN THE l'NITED STATES DISTRICT COURT' IN AND FOR THE NORTHERN DISTRICT OF OKLAHOMA

UNITED STATES OF AMERICA,

Petitioner,

-vs-

) ,

) )

Ci viI NO. 1019

)

CERTAIN PARCELS OF LAND IN DELAWARE COUNTY, OKLAHOMA, contaìning approximately 88.4 acres, more or less, and Cooweescoowee Cons tì tution, Che rokee Citizen, Ro i 1 No.

et a1.,

) ) )

19466)

Defendants.

) )

JUDGMENT ON DECLARATION OF TAKING, Dated June 15, 1943, and filed for record in the office of the County Clerk, Delaware County, Oklahoma, on July 9, 1943 at 9: 30 A.M., and recorded in Book 153 at pages 573-583, inclusive, vesting in the United States of America a perpetual easement for FLOWAGE PURPOSES upon: (Other lands and tracts) and

TRACT NO. 6 (7 -FW-248) Flowage Easement All that part of the W~ SW~ of Section 12, Township 23 N., Range 22 East of the Indian Base and Meridian in Delaware County,

Oklahoma, lying be low Ele v. 757 Sea Le ve 1 Datum, except that po rtion owne d by The Grand Rive r Dam Authority and that portion on which the Grand Ri ver Dam Authority has the right of flowage containing approximately 2.7 acres.

Signed: ROYCE H. SAVAGE

Judge of the Unite d S ta te s District Court for the Northern District of Oklahoma

( Cle rk is Ce rtifica te of

t rue copy a ttac hed , )

51

INSTRUTfiNT:

QUI'I'CLAH1 DEED

GHANTORS:

Miss Ethel J. Bourdon, a single perso~.

GRANTEES:

E. M. B~shop and Gerildean Biship,

husband and wife. '

/',..

DATED:

Novsmber 28, 1955

FILED:

January 19, 1956 at 3:30 P. M.

RECORDED IN:

Book 207, page 502

CONSID3RATION:

$ 10 . 00

GRaNTING CLAUSZ:

Grant, bargain, sell, convey and quitclaim.

COVENANTS:

To have and to hold.

EXCEPTIONS:

None

REVENUE :

None

DESCRIPTION w~ swi-: Section 12, Tovmship 23 lTorth, Range 22 East, Delaware County, Oklahoma, less approximately 8.9 acres heretofore deeded to GRDA.

Miss Ethe 1 J. Bourdon

STATE OF MINNESOTA COUNTY OF HENNEPIN... ss

Before me, the ~ndersigned, a Notary Public in and for said County and State on this 5th. day of December, 1955, personally appeared Ethel J. Bourdon to me kno',1D to be the identical yerson who executed the within and foregoing instrument, and acknowledged to me that she executed the same as he~ free and voluntary act and deed for the uses and purposes

therein set forth.

Gi ven unde r my hand and seal of office the day and year above written.

Dorothy Sankey,

My commission expires: June 30, 1957, (SEAL)

Notary Public.

52

INSTEuieNT:

Il¡ORTGAGE

GRANTORS:

E. M. Bishop and Gerildean Bishop,

hus band and wi fe, GRA.NTEES:

E. ìt. Ward

DATED:

October 12, 1959

FILE:ii_

August 16, 1961 at 2: 30 P. M.

PECORDED IN:

Book 229, page 252

CONSIDERATION:

$15,000.00

GFANTING CLAUSE:

Have mortgaged and hereby mortgages

EXCL?~~C¡.i~~ ~

None

NOTES:

1 note of even date herewith for $15,000.00 payable 1 year from date, with interest at the rate of 6% per annum from date until paid.

..

DESCRIPTION (Other land) and

wl swi: Section 12, Township 23 North, Range 22 East. E. M. Bishop Gerildean Bishop

(Regularly Acknowledged.)

53

RELEASE OF MORTGAGE KNOW ALL MEN BY THESE ppæSENTS: WHEREAS, on the 12th day of Octobe r, 1959, a certain mortgage was executed by E. M. Bishop and Gerildean Bishop, husband and wife, Mortgagors to E. W. Ward Mortgagee for the sum of Fifteen Thousand and No/lOO Dollars upon the following described real estate, viz: (Other l?~d) and ,'/2' J i I,i¡: S1 i iù~c-iion ~ ,.

12, Township 23 North, Range 22 East.

which said mortgage is recorded in Book 229 of Mortgages on page 252 of the records of De lav'Jare County , State of Oklahoma.

WHEREAS, the note secured by said mortgage has been paid in full.

NOW, THEREFORE, E. W. Ward the above named mortgagee does hereby remise, release and forever quit-claim all his right, title, and interest in and to the above mentioned prope rty which he may have acquired by virtue of said above mortgage to E. M. Bishop and Gerildean Bishop, husband and wife the said mortgagors, their heirs or assigns, forever. WITNESS my hand this 22 day of March, 1962. E. W. Ward Elizabeth Ward STA TE OF OKLAHOMA COUNTY OF TULSA..... ss

Before me, the undersigned, a Notary Public, in and for said County and State on this 22 day of March, 1962, personally appeared E. W. Ward to me known to be the identical pe rson who executed the wi thin and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act and deed for the uses and purposes therein set

fort h . Gi ven unde r my hand and seal of office the day and year last above

written. My commission expires:

Daniel E. Martin,

Notary Public.

May 3, 1965. (SEAL)

FILED: March 26, 1962 at 11: 10 A. M., recorded in Book 231, page 850. 54

GENEF~L WnRRANTY DEED THIS I~vENTURE, made this 22nd day of March, 1962, between E. M. Bishop and Jeweldean Bishop, husband and wife, parties of the first part, and Wayne M. Padgett and Lucille A. Padgett, husband and wife, with the right of survivorship as hereinafter set out, parties of the second part.

WIT~~SSETH: That in consideration of the sum of One Dollar and other good and valuable considerations, receipt wher80f is hereby acknowledged, said parties of/the first part do by these presents grant, bargain, sell and convey unto WaYTIê M. Padgett and Lucille A. Padgett, as joint tenants and not as tenants in common, on the death of one the survivor, the heirs and assigns of the survi vor, take the entire fee simple title, the following desc ribed real es tate si tua ted in De laware County , State

of Oklahoma, to-wit: ( Othe r land) and

wl swt: Section 12, Township 23 North, Range 22 East, less approximately 8.9 acres heretofore deeded to GRDA; TO HAVE AND TO HOLD the same as j oint tenants, and not as tenants in commor wi th the fee simple title in the survivor, the heirs and assigns of the survivor, together with all and sìngular the tenements, hereditaments an appurtenances thereunto belonging or in any wise appertaining forever.

AND said parties of the first part, their heirs, successors, granteesJ executors, and administrators, do hereby covenant and agree to and with said parties of the second part that, at the deli very of these presents, they are lawfully seized of an absolute and indefeasible estate of inheritance in fee simple, of and in, all and singular, the above granted and described premises.: with appurtenances that the same are free, clear and discharged and unencumbered of and from all former and other grants, titles, charges, judgments, estates, taxes, assessments and encumbrances of whatsoever nature and kind, Except: Easements, building restrictions of record and special assessments not yet due, and that parties grantor forever defend the same unto said parties of the second iÜll warrant and part, their heirs, successors and assigns, against said parties of the first part, their heirs, successors and assigns, and all and every person or persons whomsoever lawfully claiming, orto claim the same.

IN WITNESS WHEREOF, parties of the first part have executed or caused to be executed, this instrument the day and year first above written.

REVEWuE: $21.35.

E. M. Bishop Jewe ldean Bishop

55

Deed. . . page 2 STATE OF OKLAHOMA

. . . ss COUNTY OF TULSA

Before me, the undersigned, 2 Notary Public in and for said County and State on this 22 day of March, 1962, personally appeared E. M. Bishop and Jeweldean Bishop, to me know~ to be the identical persons who executed the wi thin and foregoing lnstrument, and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. Gi ven un

de r my hand and seal of office the day and year above written.

My commission expires: January 29, 1966. (SEAL)

Fred Stone,

Notary Public.

FILED: March 26,1962 at 11:20 A. M., recorded in Book 231, pages 851-852.

56

INSTRmIENT:

IJ¡OHTGAGE

GRANTOH:

Wayne M. Padgett and Lucille A. Padgett~ his wife.

GRANTEE:

The National Bank of Commerce of Tulsa.

DATED:

March 22~ 1962

FILED:

Ma rc h

RECORDED IN:

Book 231, page s 853-854.

CONSIDERATION:

$18,250.00

GRANTING CLAUSE:

Has mortgaged and hereby mortgages

EXCEPTIONS:

None

NOTES:

i note of e ven date in the amount of $i8~250.00 payable 1 year from date of

1962 at 11: 30 A. M. 26 J', ..

said note. Interest at the rate of 10% per annum after maturity.

DESCHIPTION (Othe r lands) and

W~ swi: Section 12, Township 23 North, Range 22 East~ less approximately 8.9 acres, heretobefore deeded to GRDA. Wayne M. Padgett Lucille A. Padgett (Regularly Acknowledged.)

57

PARTIAL RELEASE OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, on the 22nd day of March, 1962, a certain mortgage was executed by Wayne M. Padgett and Lucille A. padgett, his wife, Mortga-

gors, to the Na tiona 1 Bank of Commerce of Tulsa, Mortgagee, for the sum of Eighteen Thousand Two Hundred Fifty and No/IOO Dollars ($18,250.00), upon the following described rea 1 estate, viz: /'-..

( ot her la nd s) a nd

W~ swi of Sec. 12, Twp 23 N., Rge 22 E. less approximately 8.9 acres heretofore deeded to GRDA;

(The above described lands situated in Delaware County, State of Oklahoma, approxima tely 701.10 Acres).

which said mortgage is recorded in Book 231 at page 853-854 of the records of Delaware County, Sta te of Oklahoma. WHEREAS, the mortgagee, The National Bank of Commerce of Tulsa, desires to release a certain portion of said mortgaged lands.

NOW, THEREFORE) the above named mortgagee does hereby remise, release and forever quit-claim all its right, title and interest, in and to the above mentioned property, INSOFAR ONLY AS IT COVERS:

NWt SWt Sec. 12, Twp 23 N., Rge. 22 E., less approximately 8.9 acres heretofore deeded to Grand River Dam Authority, in Delaware County) state of Oklahoma, which it may have a cquired by virtue of said above named mortgage to Wayne M. Padgett and Lucille A. Padgett, his wife, the said mortgagors, their heirs or assigns, forever. IN TES'lIMONY WHEREOF, The National Bank of Commerce of Tulsa, a National Banking Association, has caused its name to be subscribeà to this Partial Release of Mortgage by its Vice President, this 7th day of De cember, 1962.

ATTEST: (SEAL) Garland Hill,

THE NATIONAL BANK OF COMMRCE OF TULSA By Mac W. Rupp

Secretary.

58

R e lea s e . . ~ . pa g e 2

STATE OF OKLHOMA

)

) SS COUNTY OF TULSA

)

On this 7th day of December, 1962, before me, the undersigned, a Notary Public, in and for the County and State aforesaid, personally appeared Mac W. Rupp to me known to be the/identical person who subscribed the name of the maker thereof to the for~going instrument as its Vice President and acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of The Natio~ 1 Bank of Commerce of Tulsa, for the uses and purposes

therein set forth.

Given under my hand and seal of office the day and year last above

written.

My commission expires June 22, 1963 (SEAL)

Annette Waekes

Notary Public

Filed: Dec. 11, 1962 at 11:00 A.M., recorded Book 235 Page 149-150

~q J~

RELEASE OF MORTGAGE Know All Men By These Presents:

Whereas, on the 22nd day of March, 1962, a certain mortgage was executed by WAYNE M. PADGETT and LUCILLE A. PADGETT, his wife Mortgagor to THE NATIONAL BANK OF COMMRCE OF TULSA, A National Banking Association Mortgagee for the sum of Eighteen Thousand Two Hundred Fifty Doiia~s and No/100 Dollars upon the following d~scribed real

estate, viz: /-

..

Lands in Tulsa County not herein Abstra cted

To be attached to Release of Real Estate Mortgage dated January 17, 1963, executed by the Na tiona 1 Ba nk of Commerce of Tulsa, Tulsa, Oklahoma, in fa vor of Wayne M. Padgett and Lucille A. padgett, his

wife. THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN DELAWARE COUNTY, OKLHOMA

(Other Lands) and

West l of the swi of Sec. 12, Township 23 N. Rge 22 E. less approximately 8,9 acres heretobefore deeded to GRDA: (The above described lands situated ìn Delaware County, State of Oklahoma, approximately 701.10 acres.)

which said mortgage is recorded in Book 3228 Tulsa County & 231 Delaware County of Mortgages, on page 413 and 414 Tulsa County and 853 & 854 Delaware County of the records of Tulsa and Delaware Counties, Sta te of Oklahoma.

vJHEREAS, the note secured by said mortgage has been paid in full: NOW, THEREFORE, The National Bank of Commerce of Tulsa, A National Banking Association the above named mortgagee does hereby remise, release and forever quit-claim all its right, title, and interest in and to the above mentioned property which they may have acquired by virtue of said above named mortgage to Wayne M. Padgett and Lucille A. Padgett, his wife the said mortgagors, their heirs or assigns,

forever. Tulsa, a corporation, has caused its name to be subscribed to this release by its Vice President, with the corporate seal attached at Tulsa, Oklahoma, this 17th day of January, 1963. IN TESTIIV¡ONY ì'iliEREOF., The National Bank of Commerce of

ATTEST: Garland Hill Cashier & Secretary (SEAL)

THE NATIONAL BaNK OF COMMRCE OF TULSA

Mac W. Rupp, Vice President

60

Release....page 2

STA TE OF OKLHOMA

SS COUNTY OF TULSA

On the 17th day of January A.D., 1963, before me, the undersigned, a Notary Public, in and for the County and state aforesait1-, personally .. appeared Mac W. Rupp to me known to be the identica 1 person who subsribed the name of the maker thereof to the foregoing instrument as its Vice President and a cknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of such corpora tion, for the uses and purposes therein set forth.

Given under my hand and seal of office the day and year last above written.

JOYCE GREEN

Notary Public

(SEAL) My commission expires September 11, 1963

Filed: Feb. 11, 1963 at 2:35 P.M. Book 235 Page 886

61

STATE OF OKLAHOMA DELAWARE COUNTy....

IN THE DISTRICT COURT.

Wayne M. Padgett and Lucille A. Padgett, Plaintiffs ~

-vs-

No. 9210

J-.. H. Norwood,

j

Frank Danie Is, Sarah C . Ghormley,

.& .. '

Ethe 1 J. Bou~don,

William R. Bourdon, George R. Bourdon, Henry C. Bourdon,

Jeanette Cox~ otherwise known as Jeanetta. Cox,

Hazel B. Walter, George A. Ralph,

Sarah Louise Sprague, Elizabeth Duncan, Essie Aleck, Full Blood Cherokee, N. E., Katie Aleck, Full Blood Cherokee, N. E., Springpole Aleck, Full Blood Cherokee, N. E., Chas. Kegg, Guardian of Essie Aleck, Katie Aleck, and Springpole Aleck, Nannie Lincoln, Full Blood Cherokee, Roll No.

30,508, othe rwise known as Nannie Bird, Arcenie Lincoln, Full Blood Cherokee, Roll No. 30509, Mary Lincoln, Full Blood Cherokee, N. E.) otherwise known as ~8ry Blackbird,

If said defendants be li ving, and, in the al ternati ve, if

said defendants, or either of them be dead, then the heirs~ executors, administrators, devisees, trustees, creditors and assigns, immediate and remote, known and unknown, of such deceased defendant or defendants; National Hardwood Company, Guaranty Trust Company of Detroit, Michigan, if said corporations be in existence, and if not in existence and defunct, then the officers, trustees, successors and assigns, if any, of such defunct or non-existing defendant; The Heirs, executors, administrators, devisees, trustees, creditors, and assigns, immediate and remote, known and unknown of B. B. Ralph; Martha Bourdon; Mary Creekkiller, Full Blooà Cherokee Roll No. 21461, Coon Aleck, Full Blood Cherokee Roll No. 19491; Aggie Lincoln, Full Blood Che rokee Roll No. 25602; Robert Lincoln, Full Blood Cherokee Roll No. 18570, each deceased; Board of County Commissioners of the County of Delaware, State of Oklahoma, Kenneth Walker) County Tr~asurer of Dela,,.iare County, Oklahoma.; Stat,= of Oklahoma.

Defendant:, , h0

Petition.. .page 2

PETITION Come now the plaintiffs and for their ~ause of action against the defendants, and each of them, named in the caption hereof, allege and

s ta te : That plaintiffs are now and that they and their predecessors in title have been for more than 15 years last past in the open, notorious, pea~~~ able, adverse possession, exclusively, or the following described real . property and premises situate in Delaware County, Oklahoma, to-wit: (Other land) and

or the Indian Base and Meridian, according to the United States Government Survey and Plat thereof.

W~ swt: Section 12, Township 23 North, Range 22 East

and that by virtue of such possession under color of title and claim of right for a period in excess or the limitations set forth in S 93 of Title 12, Oklahoma Statutes (1961), the same has ripened into prescriptive title as described in S 333 of Title 60, Oklahoma Statutes (1961) and that such title should be quieted and confirmed in the plaintiffs, their assigns and the he irs of the survi vor . That plaintiffs i title ac c rued in t hem by

virtue of the conveyance of record in the office of the County Cle rk of Delaware County, Oklahoma, in Book 231 at page 851 et seq., which said instrument, together with each and all the other documents described by their book and page of recordation are made a part hereof as fully and completely as though recopied and restated in their respective entireties. That plaintiffs i title is further subject to a certain first mortgage in favor of the National Bank of Commerce of Tulsa, Oklahoma, of record in the Delaware County Cle rk i s Office in Book 231 at page 583, et seq. That a portion of the above described lands .,Jere conveyed unto Sarah C. Ghormley, a Cherokee Citizen, of 1/8 blood, enrolled opposite No. 14122 by ~ deed of record in Book E at page 269 in the Delaware County Clerk's Office. That said lands being subject to taxation and not being exempt from ad valorem taxes, said premises were duly assessed for ad valorem taxes, extended upon the rolls of the County Treasurer of Delaware County Oklahoma, and ad valorem taxes duly levied thereupon. That subsequently the taxes being not paid when due, said lands were advertised for sale for delinquent taxes, And, for lack of bidders, were struck off in the name of Delaware County. That thereafter, the certificate upon said taxes became the prope rty uf Jennie L. Wright and after notice having been given in the manner and form provided by law, and said lands being not redeemed by the record owne rs, or any agent, the re vms issued unto the said .Jennie L. Wright, a ce rtain tax deed on the 31st day of January, 1918) which appears of record in Book 37 at page 103 in the De laware County Clerk 1 s

63

':,:

Peti tion. . . page 3 office, having been filed for record on the 8th day of February, 1918. That by virtue of such tax sale and conveyance by the County Treasurer of De la¡'vare CDunty, Oklahoma, the title of the forme r ovme r has been purged

and said tax deed constitutes a virgin, paramount title to the premises superior to the claim of Delaware County, Oklahoma, acting by and through its Board of County Commissioners of De laware County, Oklahoma, and Kenneth Walker, County Treasurer of Delaware County, Oklahoma, and their respective successors in office, and therefore, said title through sundry mesne conveyances culminating in plaintiffs! title should be quieted and confirmed against both the former owner and Delaware County acting by the aforementioned officials and their successors in office.

That on the 17th day of September, 1910, there was filed for record in the office of the County Clerk of De laware County, Oklahoma, and duly recorded therein in Book 14 at page 122, a certain deed between Frank Daniels, grantor, and A. H. Norwood, grantee, however, neither of said persons has any title, right or interest in said premises; and a portion of the above described lands were incorporated therein by virtue of the error of the scrivener viho prepared said instrument.: and, therefore, the said Frank Danìels and A. H, Norwood should be decreed to have no right, title or interest in and to said premises or any part thereof and the title of the plaintiffs quieted and confirmed the reagains t.

That a portion of the above premises were conveyed to one B. B, Ralph by virtue of the deed of record in the Delaware County Clerk! s Office in book 100 at pages 249, et seq. That subsequently, while the owner of said premises, the said B. B. Ralph departed this life on the 5th day of January, 1933, an unremarried widower, without issue and testate, and that his estate has been duly probated (by ancillary proceedings) in cause numbered 2417 in the County Court of Sequoyah County, Oklahoma, and by virtue of the decree of distribution entered therein on the 8th day of July.: 1937, the above premises were bequeathed and devised unto George A. Ralph, Sarah Louise Sprague, Elizabeth Duncan, and to the heirs, devisees and legatees of Martha Bourdon '(Ethel J. Bourdon, William R. Bourdon, George R. Bourdon, Henry C. Bourdon, Jeanette Cox and Hazel B. Walter). That pending the probate of the estate of the said B. B. Ralph, the said Martha Bourdon departed this life an unremarried widow while the owner of an interest in a portion of the above described land, on the 5th day of February, 1936. That her estate has been administered upon in cause numbe red 2534 ih the County Court of Sequoyah County, Oklahoma, and that her sole and only heirs at law, heirs and devisees are the following named persons who each inherited an undivided 1/6 interest in

and to her estate, to-wit:

64

Peti tion. . . page 4 son

William R. Bourdon, Ethel J. Bourdon, George R. Bourdon, Henry C. Bourdon, Jeanette Cox,

daughte r

son son daughte r daughte r

Haze 1 B. 'lIal te r,

and that she left survi ving her no husband nor other child or adopted child or children, or the issue of any deceased child or adopted child or children, and the above named persons inherited the Whole of her estate, exclusively.

That due to the irregularities in the probate of the above estates, and the fact that each of said decedents departed this life more than three years prior to this date, title examine rs c ri ticizing the said proceedings, this court should enter its order and decree judicially determining the death and the date the reof, together with the name and individual identi ty of the heir or heirs surviving said decedents, and each of them and the fact of the conveyance from the successors of said decedents should be judicially determined resulting in the title of the plaintiffs. That the State of Oklahoma claims some interest by virtue of purported estate, inheritance or transfer taxes on the estates of the said B. B. Ralph and Martha Bourdon, however, in each instance, estate tax returns have been filed and releases entered by the said Oklahoma Tax Commission, and, in any event, more than ten years have elapsed since the date of the death of the respective decedents and such c 1aim is now barred by the

statute of limitations.

That a portion of the above described lands were allotted to rVIary Creekkiller, a full blood member of the Cherokee Tribe of Indians enrolled opposite No. 21461, by the allotment deed of record in Book D at page 130 in the Delaware County Clerk! s Office. That while the owner of said premises, and on or about the 2nd day of July, 1921, the said Mary Creekkiller, then Mary Aleck, departed this life in and a permanent resident of Delaware County, Oklahoma, and that she left as her sole and only heirs at law the following named pe rsons who inhe ri ted the whole of her estate in the respective proportions set opposite their names, to-wit:

husband

Coon Ale ck,

daughter daughter

Essie Aleck, Katie lUeck,

Springpole Aleck,

son,

1/3 2/9 2/9 2/9

and that she left no other child or adopted child or children, nor the issue of any deceased child or adopted child or children, and the above Damed persons inherited the whole of her estate, exclusively. 61; ./

Petition.. .page 5

That another portion of the above described premises were conveyed to Coon Aleck, a full blood member of the Cherokee Tribe of Indians enrolled opposite No. 19491, by the allotment deed of record in Book D at page 255 in the Delaware County Clerk i s Office, as a portion of his average allotRble share of the lands of the Cherokee Nation.

. That subsequently, and on or about the 22nd day of October, 1922, t~e said Coon Aleck dep&rted this life an unremarried widower, intestate, in:and a permanent resident of Delaware County, Oklahoma, and that he left heirs at law the following named persurviving him a8 his sole and only sons who inherited the ìihole of his estate in equal share (to-wit 1/3): Essie Aleck, Katie Aleck,

daughter

Springpole Aleck;

son,

daughte r J

and that he left survi ving him no other child or adopted child or children nor the issue of any deceased child or adopted child or children, and the above named persons inherited the whole of his estate, exclusively.

That subsequently, the entire title to the aforementioned premises having vested in the children of the said Mary Creekkiller (then Aleck) and Coon Aleck, their guardian, Chas. Kegg caused to be sold all of their interest in the above described land by virtue of the order confirming sale of re cord in the Dc laware County Cle rk i s Office in Book 101

at page 575, and conveyed by the Guardian1 s Deed recorded on 13th of October, 1928, and appearing in Book 60 at page 127 in the Delaware County Clerk's office. That by virtue of the limitations statute in S 93 of Title 12, Oklahoma Statutes (1961) said minors and their guardian are now barred from asse rting any irregularity, or from avoiding the effect of said conveyance, and, therefore, plaintiffs i title should be quieted and

confirmed agains t said defendants, and each of them, and any pe rson c laiming by, through, from or under them, or either of them.

That a portion of the above described lands were conveyed to Aggie Lincoln, a full blood member of the Cherokee Tribe of Indians enrolled opposite No. 25602, by the homestead deed of record in book A at page 271, and by the allotment deed of record in book D at page 574 in the Delaware County Clerk! s Office. That thereafter, and on or about the 9th day of June, 1909 c the said Aggie Lincoln departed this life married and intestate in and a pe rmanent resident of Mayes County, Oklahoma, but seized of the ti tle of a portion of the above described land, and that she left surviving he r as her sole and only heirs at law the following named persons who inherited the respective undivided interest set opposite their names, to-wit:

66

P ~. ~. 6 el,ll,ion.. .page

Robert Lincoln, Nannie Lincoln, Arcenie Lincoln,

husband

daughter, son,

1/3 1/3 1/3

and that she left surviving her no other child or adopted child or children nor the issue of any deceased child or adopted child or children, and the above named persons inherited the whole of her estate, exclusively. /',.. That subsequently) while the owne r of his interest in a portion of the above described lands, the said Robert Lincoln departed this life on the 11th day of January, 1927, an unremarried widower, intestate, in and a permanent resident of Sequoyah County ~ Oklahoma, however, he possessed the interest inherited in a portion of the above described premises, and left surviving him as his sole and only heirs at law the following named persons who inherited the respective undi videè 1/3 interest, each, to-vJÌ t:

Nannie Lincoln, Arcenie Lincoln, l/Iary Lincoln..

daughter, son

daughter,

and that he left surviving him no widow nor other child or adopted child or children, nor the issue of any deceased child or adopted child or children, and the above named pe rsons inherited the whole of his estate,

exclusively.

Th~ subsequent to the demise of the said Aggie Lincoln and prior to the passing of Robert Lincoln, the then owners of a portion of the above described lands executed a certain timber deed in favor of the National Hardwood Company -' which appears of record in book 76 at page 324 in the Delaware County Clerk1s Office. Thereafter., as security for a lien of considerable extent, the said National Hardwood Company executed its mortgage in favor of the Guaranty Trust Company of Detroit, Michigan, a copporation, which appears of record in book 85 at page 140 in the Delaware County Clerkl s Office. That all of the interest of the said National Hardwood Company has now ceased and terminated by its taking of the timber from said land, and that the ind~bted~ess which the aforementioned mortgage secures has been fully paid and satisfied, however, no release has found its way of record, and that, therefore, the said National Hardwood Company and the Guaranty Trust Company of Detroit, and each of them, should be barred, restrained and forbidden to set up, assert or claim any interest in and to said premises adverse to the plaintiffs, their successors and the heirs of the survivor, and said defendants should be barred from any assertion of title or right as against the plaintiffs.

67

Petition.. .page 7

That subsequent to the demise of the said Robert Lincoln, the aforementioned and named owners of the allotment of Aggie Lincoln, conveyed all their right, title, and interest in and to said premises by virtue of the deed of record in book 109 at page 202 in the Delaware County

Clerk i s office, which said deed was duly approved, validated and ratified

by the County Court of Maye s County J Oklahoma, in case numbered 2283, and that by virtue of such conveyance, all the interest of said heirs and successor~J~f the allottee was conveyed into the chain of title culminating in the plaidtiffs, and that such deed duly confirmed should be validated and approved by this Court, the deed having been approved on the 18th day of May, 1929.

That each and all of the decedents named herein departed this life more than ten years prior to this date and, therefore, no valid dete rmination by a court of competent jurisdiction wi thin the State of Oklahoma having been entered of the heirship of such decedents, this court is clothed with jurisdiction to so decree, and the state of Oklahoma by virtue of the lapse of time is barred from claiming any interest by virtue of estate, inheritance or transfer taxes and such claim or purport of

claim should be barred by decree. That Jeanette Cox is the same person, but otherwise known as Jeanetta

Cox. That Nannie Lincoln is otherwise knovm as Nannie Bird, but is one and the same person. Mary Lincoln is the same person but otherwise known

as Mary Blackbird. That each and all the defendants named in the caption hereof claim some right, title, lien, estate, encumbrance, claim, assessment or interest in and to the real prope rty invol ved he rein, adverse to the plaintiffs which constitutes a cloud upon the title of plaintiffs, and said defendants and each of them have no right, title, lien, estate encumbrance, claim assessment or interest, either in law or in equity, in and to the real property involved herein, and the title of the plaintiffs should be quieted and confirmed as against such defendants, and each of them. That except as herein set forth, plaintiffs do not know and cannot ascertain the specific claims of such defend:'.nts, and it is unnecessary to specifically allege such claim under S 236a and S 1141 of Title 12, Oklahoma Statutes (1961). ~rnREFORE, plaintiffs pray their title in and to the aforesaid premises be quieted and confirmed in them against the defendants named herein, the deaths and the dates thereof, together wi th the name and individual identity of the respective decedents herein mentioned should be determined the title and interest of the defenèants named in the caption hereof should be barred, and for such other and further relief as may be meet and p rope r in the pre mi se s .

68

Peti tion. . . page 8 Wayne M. Padgett and Lucille A. Padgett, Plaintiffs

By: Ernest R. Brown, Their Attorney STA'lE OF OKLAHOMA MAYES iÎ'tOUNTY. . . . . . . ss

Ernest R. Brown, of lawful age, being first duly sworn upon his oath states: That he is the attorney and agent of the plaintiffs herein, that he has read the wi thin and foregoing peti tion, knows the contents thereof, and that each and all of the material allegations therein con-

tained are true.

Ernest R. Brown

Subscribed and sworn to before me this 23rd. day of April, 1962. Nellie Nicely

My commission expires:

Notary Public.

Mayl3, 1963. (SEAL)

FILED: April 23, 1962.

69

-'.-''1

STATE OF OKLAHOriL~.

IN THE DISTRICT COURT

DELAWARE COUNTy....

-vs- No. 9210

Wayne M. Padgett, et al.,

Plaintiffs,

A. H . No rw 0 0 d: eta 1 . ,

De fe ndant s . JJ. '..

ñFFIDAVIT FOR PUBLICATION SERVICE Ernest R. Brown, of lawful age, being first duly sworn upon his

oath, states:

That he is the attorney and agent of the plaintiffs named in the above styled case which was commenced on the 23rd. day of April, 1962, in the District Court of Delaware County, Oklahoma, under cause numbered 9210 "wherein 1/Jayne l"l. Padgett, et a1., are plaintiffs, and A. H. Norwood, "t

al., are defendants, which said cause of action has for its purpose the quieting of the title, in, of and to the following described real pro-

_pe rty and premises si tua te in De laware County, Oklahoma, to-wit: ( Othe r land) and

W~ swi: Section 12, Township 23 North, Range 22 East of the Indian Base and Meridian, according to the United States Govern-

ment Survey and Plat the reof . in the plaintiffs as against the defendants., and each of them, and any and all persons claiming by, through, from or under them or either of them, the judicial determination of the name or names and individual identity of the heir or heirs surviving B. B. Ralph, Martha Bourdon, Mary Creekkiller, Coon Aleck, Aggie Lincoln, and Robert Lincoln, each deceased, adjudging the validity of the tax deed, cancelling ad valorem taxes, determining the identity of certain persons, and purging all clouds of shown by plaintiffs 1 verified petition record to plaintiffs i title, all as on file herein to which you are referred for further and more detailed particulars, and which is by reference and mention made a part hereof as fully and completely as though recopied, restated and reiterated herein in its entirety.

That neither this affiant or plaintiffs know and cannot ascertain by and through the exercise of due diligence whether the defendants A. H. NO~Aood, Frank Daniels, Sarah C. Ghormley, Ethel J. Bourdon, William R. Bourdon, George R. Bourdon, Henry C. Bourdon, Jeanette Cox, Hazel B. Walter, George f-. Ralph, Sarah Louise Sprague, Elizabeth Duncan, Essie Aleck, Katie Aleck, Springpole Aleck, Chas. Kegg, Guardian of Essie Aleck,

70

Affida vi t. . . page 2 Katie Aleck and Springpole Aleck~ Nannie ~incoln, Arcenie Lincoln, ~2ry

Lincoln, are living or dead, or their whereabouts, andìf they, or cj.t~er of them, be dead, th2n pl2.intiffs ar:d tlÜs 2ffie.nt do not knov\i 2nd an:; U::-

able to a3cer~ain by the exercise of due diligence the names or whereabouts of their heirs, executor~J admin1strators, devlsees~ trustees~ creditors and assigns, immediate and remote, l~no~n and unknown, and plaj,ntiffs and this affiant do nct kno',J and canriot ar.3certain the present place of

busiriess, P'-Jst office A-dress or ',Jhere2boljts of sa:Ld deferidants, or in L'2 al te rna ti 'Ie, tr-e ir reprE;"sent2. ti 'Ie s 0::0 2S signs, except that pl2.intiffs J

:i~id t::~3 affiant believe that the last kno-;'J addresses of the defcndc.nts are a8 fol lovis: Etl:.21 J. Bourdon; Ivinneapslis., I,:in:lC~ sota; Hil11am 11. Bour-

don, Holbrook, Arizona, George R. 50urdon, Red Lalæ Fall, Minne80ta~ !~n~y

C. Bourdon, Hacl.;ensack, I:inr:esota; J8anette Cox, Znoxville, Tennessee; Hazel B, Walter, Minneapolis, Minnesota; George A. Ralph, Kansas Cìty,

rl1issouri; Sarah Louise Sprague, Marshfield; Orcg::m; Elizabeth Duncan; Kansas City; Missouri. That plaintiffc and this affiant are unable to ascertain b~T the: e~-.~:."-

ci~e of due diLi-gence the names oi-" VJÌ12::"eabouts of the hej.rs, ezecutorJ-, administ~ators, òevisee8~ trustees, creditors and assigns, known anù un-

known, irrmediate and reoote; of B. B. Ralph, l'~artha Bourdon; Mary CreeJ.:::~.ller Coon Aleck, Aggie Lincoln. Eobert Lincoln, each deceased, except as chc~~ herein or named ~n the petition. That the defendants National Hard~ood Company and Guarant Trust Company of Detroit, Michigan, are non-re:sident corporations and ar:: not

licensed or authorized to do busiiiess 'f~he:!--ein the State of CJcl2.hona; 2.~.ld do not have any designated agent for the service of process within this State, and said corporô.tiona, if they be no\~ in existence., have not co~:;_. plied with the requirements of

the State of Oklahoma for doing busin2ss

within this State and plaintiffs and th-i.s affiant are unable to ascertain

by the e::eTcise of due dilìgence \'Jhether the corporations sued herein in

the altern~tive arc legally existing or dissolved, and: if not in existence, a~e unable to ascertain the names or whereabouts of their officers, successors, tructees or ass.igns, if B.ny. That plainti ffs and this affiant 1,Ji tli due dilig2nce are unable to mal:e service of summons i¡Üthin this State l1:non tl:2 defendants hereinabove

named and/or described: and plaintiff3 and this affiant believe and allege that each and all of the defend&nts hei~inabove named are non-residents

of and absent from the State of Oklar_Gr:..a., 3.nd tì-:at a11 of the defendants vJho could have been se i"ved ;,:i th summons pe rson::l ly vJi thin the State of

Oklaho~a have been 80 served.

71

Affida vi t. . . page 3 That this is one of the class of cases prescribed by the statutes of the State of Oklahoma in S 170 of Title 12, Oklahoma Statutes (1961) wherein publication service may be had, and plaintiffs desire to obtain

such substitutes service.

Ernest R. Brown j.

J'

S,ubsc ribed and swo rn to be fo;!? me this 23rd day of April J 1962.

My commission expires:

Nellie :Nicely

May 13, 1963. (SEAL)

Notary Public

FILED: April 23, 1962.

'7? 1-

I\LAHOHP,

STATE OF o

IN THE DISTRICT COURT

DELAWARE COUNTy..... ss

Wayne M. Padgett, et al.,

-vs-

Plaintiffs No. 9210

A. H. No~~ood, et al.)

Defendants I-.. PUBLICATION NOTICE

TI-IE STATE OF OKLAHOMA TO:

.A. H. Norwood, Frank Daniels, Sarah C. Ghormley, Ethel J. Bourdon, William R. Bourdon, George R. Bourdon, Henry C. Bourdon, Jeanette Cox, Hazel B. Walter, George A. Ralph, Sarah Louise Sprague, Elizabeth Duncan, Essie Aleck, Katie Aleck, Springpole Aleck, Chas. Kegg, Guardian of Essie

Ale ck, Katie Ale c k, and Springpo Ie Ale ck, Nannie Lincoln, Arcenie Linco In, Mary Lincoln, if said defendants be living, and ìn the alternative, if said defendants, or either of them, be dead, then the heirs, executors administrators, devisees, trustees, creditors, and assigns, immediate and

remote, known and unknown, of such deceased de fendant or defendants;

National Hardwood Company, Guaranty Trust Company of De troi t, Michigan, if said corporations be in existence, and if not in existence and defunct, then the officers, trustees, successors and assigns, if any, of such

defunct or non-existing defendant; The heirs, executors, administrators, devisees, trustees , creditors and assigns, immediate and remote J known and unknown of B. B, Ralph, Martha Bourdon, Mary Creekkiller, Coon Aleck. Aggie Lincoln, Robe rt Lìncoln, each de ceased, GREETINGS:

You, and each of you, are hereby notified that you were sued in tr.e district Court of Delaware County, Oklahoma, in cause numbered 9210, which said cause of action was commence d on the 23rd day of April, 19~ wherein Wayne M. Padgett, et al., are plaintiffs, and A. H. Norwood, Et al, are defendants, which said cause of action has for its purpose thE quieting of the title in the plaintiffs in, of and to the following dESc ribed real prope rty and premise s si tua te in De laware County, Oklahom~,

to-wit: ( Ot he r land) and ,., Section 12, Township 23 North, Range 22 East of the Indian ;',2' "w' ì: 4: Base and Meridian, according to the United States Government Survey

and Plat thereof;

73

Notice. . . page 2 adjudicating the name and individual identity of the heir or heirs surviving B. B. Ralph, Martha Bourdon, Mary Creekkiller, Coon Aleck, Aggie Lincoln, Robert Lincoln, each deceased, adjudging the validity of the tax deed and the canceilation of ad valorem taxes, purging all clouds of

record and :::::'/::ing at re s t all claims ad ve rse to the plaintiffs, the ir successors and their heirs and assigns, all as shown by plaintiffs i verified peti tion on file in said cause to which you are re ferred for furthe r and more detailed particulars, and v,¡hich is by y,ference and mention herein made a part hereof as fully and completely as i1''t,he same were recopied, restated and reiterated herein in its entirety.

You are further notified that unless you answer the allegations contained in plaintiffs i p~~l tion on or before the 9th day of June, 1962, the allegations of plaintiffs f petition will be taken as true and confessed and plaintiffs i title quieted against you, and each of you, and any and all persons claiming by, through, from or under you, or either of you since the date of the commencement of this action, and said defendants, and such other persons will be barred, restrained and forever forbidden to set up, assert or claim any interest, right, title, share, lien, lease or estate in and to said premises adverse to the plaintiffs, their heirs

and assigns. Dated this 23rd day of April, 1962.

(SEAL) Cecil Haggard, Court Clerk. FILED~ April 23, 1962.

74

O~(LAHOHA Sm.Il.lONS

IN THE DISTRICT COURT OF DELP.1:JA?¡3 COUN'lY J STATE OF' OKLAI-IOI'riA THE STATE OF OT~LAHOllAJ

TO TPÆ SH3RIFF OF D~LAWAF~ COUNTY, IN THE STATE OF OKLAHOMA, GREETING:

You are he reby commande d to notify the fo 1 lowing name d pe rsons: Board of County Commissioners of the County of Delawars, ~tate of Oklahoma and Kenneth Walker, County Treasurer of Delaware County, Oklahoma; that they have been sued by Wayne M. Padgett, et al., in the District Court within and for Delaware County, State of Ol~lahoma, and that they must answe r the petition o~ the said Wayne M. Padge tt, et al., filed against them in the Clerk1 s office of said court on or before the 23rd day of May, 1962, or said petition will be taken as true and judgment rende red accordingly.

You wìll make due return of this summons on or before the 3rd day of May, 1962. Gi ven unde r my hand and the seal of said Court this 23rd day of April,

1962. Suit brought for: Quieting title, dete nnining heirshìp, clearing clouds of record, barring claims of defendants to lands in Delaware County, to-wit:

(Othe r land) and vJ~ SVJt: Se ction 12, TO'\'!ship 23 North, Range 22 East, of the Indian Base and Meridian according to the United States Government Survey and Plat thereof.

Cecil Haggard, Court Clerk

(SEAL)

SHERIFF Y S RETURN

THE STATE OF OKLAHOMA, COUNTY OF DELAWARE.. . ss

I received the above summons April 23, 1962, and as commanded therein I summoned the following named defendants in said County at the times. follows, to-wit: Kenneth Walker, County Treas ure r of De laware County, Oklahoma7 on April 23, 1962, by delivering to each said defendants personally, in said county, a true and certified copy of said summons with all the endorsements the reon; and Board of County Commissione rs of De la-

ware County, Oklahoma, by se rving Sam Fie Ids, County Cle rk and Cle rk of the Board of County Commissioners of De laware County, Oklahoma, on April 23 , 1962.

R. O. Nuckolls, Sheriff

J. R. Loux, Undershe riff (Sheri~~i~ ~~os omi~tedby a b s t ra c t e r . ) '. l.. _1. _ ì: .. c.. l.l.- \J u

FILED: April 24; 1962.

75

IN THE DiSri'RIC'I COURT OF' DELA1¡JAHE COUNTY) STATE OF OKL.L.HOfvA

Wayne M. Padgett 2nd Lucille A, Padgett)

-vs- No. 9210 Plaintiffs,

A. H. Norwood) et al,)

Defendants.

/-..

ANSWER COIvS nov¡ Richard 1l. Lock, the County Attorney of De laware County,

Oklahoma, appearing ìn behalf of Kenneth vlalker as County Treasurer of

Delaware County. Oklahoma, and the Board of County Commissioners of Delaware County, Oklahorna, and for their anS'\Jer to plaintiffs i petition herein filed, denie s each and eve ry al legation of plaintiffs i petition.

\iHREF'ORE~ having fully answered~ s2id defendant ask the order and

jecree of the Court dismissing said action as to them at plaintiffs ¡ cost. Hichard W. Lock County Attorney

FILED: April 24, 1962.

76

STATE OF CKLA1-:OI.~!,-

IN TE'\ DISTRICT COURT

DELAVJARR COUNTY.,... S S

Wayne M, Padgett and Lucille A. Padgett,

-vs- No. 9210 Plaintiffs,

A. ~ L r 0 rvJO 0 d , e t a1.,

Defendants. LIS PENDENS NOlIC~ TO Th"' jj_R3A DiimCrrOR OF T8"E FIVE CIVJ:LIZFD TRIBES, MUSKOGEE, OKLAHOl\lA,

GREETì:JGS;

You are hereby notified that Wayne l1. Padgett, et al., did on the 23rd day of April, 1962; commence the above styled action, havìng for its purpose the quieting of title in the plaintiffs and the confirmation of the tax deed covering the property described in the petition herein, a

copy of 'I,¡hich is hereto attached, marked IIExhibit A11 and made a part hereof, concerning the lands described therein, and further quieting the title against owners prior to the issuance of the tax deed therein

involved. Take C".~ notice he reof, and gove rn yourse 1 ve s ac co rdingly . vIA YNE M. pimGETT, et a 1 0 By Ernest R. Brown Their Attorney RETUTIN OH SERVICE OF \'fRIT

UNI'lED ST1\IJ':;S OF Ar,3HICA EASTERN DIS'lHH::T OF OKLAHOl1PI. 0 . . ss I hereby certify and return that I served the annexed notice together with certified copies of all pleadings attached thereto on the therein named G~aham holmes, Area Director, successor to the Superintendent for the Five Civilized Tribes by handing to and leaving a certified copy thereof with Graham Holmes pe rsonally at Muskogee, Oklahoma in said District on the 25th day of April, 1962, W. M. Broadrick, United States !v1a rs ha 1

By E ,lf, DeWeese, Deputy

FI~D: Apr~l 26; 1962, 77

JJ. '..

STATE OF OKLAHOlf~ DELAWARE COUNTy..... 58

Wayne M. Padgett, et al.,

-vs-

IN THE DISTRICT COURT

Plaintiffs, No. 9210

A. H. Norwood, et al.,

Defendants. AFFIDAVIT OF MAILING AND NON MAILING

Ernest R. Brown of lawful age, being first duly sworn upon his oath s ta te s :

That he is the attorney for the plaintiffs in the above styled cause. That on the 28th day of April, 1962, wi thin six days after the first publication of the publication notice in the above entitled cause, he enclosed a copy of the petition herein, together with a copy of said publication notice attached thereto, in an enve lope individually addressed to each of

the defendants as follows, to-wit:

Minneapolis, Minne sota Holbrook, Arizona Red Lake Fall, Minnesota Hackensack, Minnesota Knoxville, Tennessee Minneapolis, Minnesota Kansas City, Missouri Marshfield, Oregon

Ethe 1 J. Bourdon,

William R. Bourdon, George R. Bourdon, Henry C. Bourdon, Jeanette Cox, Hazel B. Walter,

George A. Ralph, Sarah Louise Sprague, Elizabeth Duncan, Guaranty Trust Company of Detroit, Michigan,

Kansas City J Missouri De t roi t, Mic higan

with postage thereon fully prepaid, and deposited the same in the United States Post Office at Pryor, Oklahoma. Tha t no copy of the petition or publication notice here in was mailed to any of the other defendants named in the publication notice for the reason that the place of residence or of business or address of said defendants are unknown to the plaintiffs and this affiant, and cannot be ascertained through the exercise of diligence or by any means wi thin the

control of plaintiffs and this affiant.

Ernest R. Brown Subscribed and sworn to before me this 28th day of April, 1962.

My commissìon expires 5~13-63. (SEAL) Nellie Nicely,

FILED: Me.y 2,1962.

78

Notary Public.

IN THE DISTRICT COunT IN AND FOR DELAWARE COUNTY, OKLAHO~Â.

Wayne M. Padge tt, et al.,

-vs-

Plaintiff, No. 9210

A. H. Norwood, e t al.,

Defendants.

DISCLAIMER COMES now the defendant, STATE OF OKLAHOMA ex rel, OKLAHOMA TAX in the specific

COIViMSSION, anè disclaims any lien upon or interest

real estate invol veá ìn this action for estate, inhe ri tance or transfer

taxes. WHEREFORE, this áefendant asks to be discharged with its costs.

STATE OF OKLAHOMA, ex rel OKLAHOMA TAX COMMISS ION

By E. J. Armstrong,

Attorney

-- .. ..c:, , '_ .

_~-_j.T,RD', M~y ~¿ ~..'96?

79

IN THE DISTRICT COURT OF DELAWARE COUNTY, STATE OF OyiAHOMA

Wa~ne M. Padgett, et al.,

-vs-

Plaintiffs, No. 9210

A. H. Norwood, et al.,

Defendants. J'" '..

ELECTION NOT TO REMOVE

Comes now the Area Director for the Muskogee Area and successor to Superintendent for the Five Civilized Tribes and under the authority vested in him by the Secretary of the Interior pursuant to Act of Congress approved August 4, 1947, (61 Stat. 731), elects not to remove this case to the Federal Court. Da ted this 30th day of April, 1962.

Graham Ho 1 me S J Area Director

FILED: May 3, 1962.

80

AFFIDAVIT AND PROOF OF PUBLICATION

LEGAL PUBLICATION

STATE OF OKLHOMA,

...ss

Case No. 9210

COUNTY OF DELAWARE

/,.. Lee Keck, being duly sworn, upon his oath says: That hs is the owner and editor of The Delaware County Journal Published at Jay, Oklahoma, the County Seat of Delaware County, a weekly newspaper of gene ral and paid circulation in Delaware County, Oklahoma, with entrance into the United States Mail as Second Class Mail Matter and published and delivered to the United States Mail in Delaware County, Okla-

homa, and which newspaper has been continuous ly and uninte rruptedly published in said county during a pe riod of 104 weeks consecutive ly prior to the first publication of the attached legal notice and that the Delaware County Journal comes wi thin all the prescriptions and requirements of Section 102, 102a, 102b of Title 25, Okl. St. Ann.

That the Notice By Publication taken from said newspaper is hereto attached as published 3 consecutive weeks in said newspaper, the first

insertion being on the 26 day of April, 1962, and successively thereafti2~'J

as follows:

3.d.a.y' of Jlay J 1962 10 day of May, 1962.

That said Legal Notice was printed in the regular and entire editions of the newspaper during the period and times of publication and in the regular pages and not in any supplement the reof, and in the English language. Lee Keck,

Editor-Owner Subsc ribed and sworn to before me this 14 day of May, 1962.

Meda Phillips,

My commission expires: March 6, 1965. (SEAL)

Notary Public.

Pub Iiea tion Fee: $ 33.35.

81

PUBLICATION NOTICE THE STATE OF OKLAHOMA, TO:

A. r:. Norvwoà, Frank Daniels) Sarah C. Ghormley, Ethel J. BOblrdon, William R. Bourdon) George R. Bourdon, Henry C. Bourdon, Jeanette Cox, Hazel B. Walter, George A. Ralph, Sarah Louise Sprague, Elizabeth Duncan, Essie Aleck, Katie Aleck, Springpole Aleck, Chas. Kege, Guardian of Essie Aleck, Ka~ie Aleck and Springpole Aleck, Nannie Lincoln) Arcenie L1ncoln, Ma~.y Lincoln, if said defendants be living, and in the

al te rna ti ve) if said de fendants, or ei the r of them be dead, then the heirs, executors, administrators, devisees, trustees, creditors, and assigns, immediate and remote) known and unknown of such deceased defendant, or defendants; National Hardwood Company, Guaranty Trust Company of Detroit, Michigan, if said corporations be in existence, and if not in existence and defunct, then the officers, trustees, successors and assigns, if any, of such de funct or non-existing defendant; The heirs, executors, administrators, devisees, trustees, creditors and assigns, immediate and remote, known and unknown of B. B. Ralph, Martha Bourdon, Mary Creekkiller, Coon Aleck, Aggie Lincoln, Robert Lincoln, each de ceased, GREETINGS:

You, and each of you, are hereby notified that you were sued in the District Court of Delaware County, Oklahoma, in cause numbered 9210, which said cause of action was commenced on the 23rd. day of April, 1962, wherein Wayne M. Padgett, et al., are plaintiffs, and A. H. Norwood, et al., are defendants, which said cause of action has for its purpose the quieting of the title in the plaintiffs in, of and to trie following described real property anã premises situate in Delaware County, Oklahoma, to-wit: (Othe r land) and

wt SWt: Section 12, Township 23 North, Range 22 East of the Indian Base and Meridian, according to the United States Govenment Survey and Plat thereof. adjudicating the name and individual identity of the heir or heirs surviving E. B. Ralph, Martha Bourdon, Mary Creekkiller, Coon Aleck, Aggie Lincoln, Robe rt Lincoln, each'deceased, adjudging the validity of the tax deed and the cancellation of ad valorem taxes, purging all c lauds of record and setting at rest all claims adverse to the plaintiffs, assigns , all as shown by plaintiffs' their successors and their heirs and verified petition on file in said cause to which you are referred for

further and more detailed particulars, and which is by reference and

mention herein made a part hereof as fully anà completely as if the same 1JJere recopied, restated and reiterated herein in its entirety.

82

Notice. . . page 2 You are further notified that unless you answer the allegations contained in plaintiffs i petition on or before the 9th. day of June, 1962, the allegations of plaintiffs i petition will be taken as true and confessed, and plaintiffs i title quieted against YOUj and each of you, and any and all persons claiming by, through, from or under you, or either of you since the ~ate of the commencement of this action, and said defendants, and srl~h other persons will be barred, restrained and forever forbidden to set: up, assert or claim any ~nterest, right, title, share, lien, lease or estate in and to said premises adverse to the plaintiffs, their heirs and assigns. Dated this 23rd. day of April, 1962. Cecil Haggard,

( SEAL)

Court Cle rk

Ernest R. Brown Pryor, Oklahoma Attorney for Plaintiffs. Published in the Delaware County Journal, April 26, May 3 and 10, 1962.

FILED: June 20, 1962.

83

STATE OF OICAHOI'il DELA\\,fARE COl:NTY

vs. No. 9210

Wayne M. Pajgett, et al.,

A. H. NOTIiood, et al.,

Plaintiffs

D~fendants . "

¡) ,

NON -MILITARY AFFIDAVIT The un

de rsigned, of lawful age, being first duly sworn upon oath,

states: That he is the a ttorney of record for the plaintiffs in the above entitled and numbered cause of action; that he makes this affidavit for and on behalf of the plaintiffs.

That all of the persons, and each of them, named as party defendants he re in have been duly and legally notified of the commencement and pendency of this action either by personal service of summons, or by notice by publication herein, and said defendants, and each of them, have not filed pleadings or answer herein but they, and each of them, are in default herein, although the time allowed by law wi thin which said defendants, and each of them, may plead or answer herein has been fully allowed.

That none of the persons in defau1 t named as party defendants he rein, and each of them, are not now and have not wì thin sixty days prior to this date been in the military or naval service of the United States of America as such service is defined in the Act of Congress , entitled Soldiers and Sailors 1 Civil Relief Act of 1940, signed by the President of the United States on October 18, 1940. Ernest R. Brown

Affiant Subscribed and sworn to before me this 14th. day of June, 1962.

My commission expires:

Ne llie Nice ly,

Notary Public.

May 13, 1963. (SEAL)

FILED: June 20, 1962. 84

STA TE OF OKLAHO~~

IN THE DISTRICT COuKT.

DELAWARE COUNTY Wayne M. Padgett and Lucille A. Padgett,

vs.

Plaintiffs,

A,H. Norwood,

,i

d '"

Frank Daniels, Sarah C. Ghormley, Ethel J. Bourdon, William R. Bourdon, George R. Bourdon, He nry C. Bourd on,

Jeanette Cox, otherwise known as Jeanetta Cox,

Hazel B. Walter, George A. Ralph, Sara h Louise Sprague, Eliza beth Dunca n,

Essie Aleck Full Blood Cherokee, N.E., Katie Aleck, Full Blood Cherokee, N.E., Springpole Aleck, full blood Cherokee N.E., Chas. Kegg, Guardian of Essie Aleck, Katie

Aleck and Springpole Aleck, Nannie Lincoln, Full Blood Cherokee Roll No. 30,508, otherwise known as Nannie Bird, Arcenie Lincoln, Full Blood Cherokee Roll No. 30509,

~.1ary Lincoln, Full Blood Cherokee N.E., otherwise known as Mary Blackbird, If said defendants be living, and, in the alternative,

if sa id de fendants, or either of them be dead, then

the heirs, executors, administrators, devisees, trustees, creditors and assigns, immediate and remote, known and unknown, of such deceased and defendant or defenda nts:

National Hardwood Company: Guaranty Trust Compa ny of Detroit, Michigan, If said corpora tions be in existence, and if not in existence and defunct, then the officers, trustees, successors and assigns, if any, of such defunct or non-existing defendants; The heirs, executors, administrators, devisees, trustees, creditors and assigns, immediate and remote, known and

unknown, of B~B.Ralph; Martha Bourdon; Mary Creekkiller; Full Blood Cherokee Roll No. 21,461; Coon A leck, Full Blood Cherokee Roll No, 19,491; Aggie Lincoln, Full Blood 2'5

No. 9210

Cherokee Roll No. 25,602; Robert Lincoln, full blood

Cherokee Roll No. 18,570, ea ch de cea sed; Board of County Commiss ioners of the County of Delaware, sta te of Okla hOila ,

Kenneth Wa lker, County Trea surer of De la wa re County, Oklahoma; state of Oklahoma,

Defendants.

JOURNAL EN'TRY OF JUDGMENT

i

,j ,..

And now on this 20th, day of June, 1962, the same being a regular juridical day of the above styled court, the above entitled and numbered cause comes on for hearing in its regular order before the undersigned Judge of the District Court with the plaintiffs appearing in person and by Ernest R. Brown, their attorney, and with the defendants the Board of County Commissioners of the County of Delaware, state of Oklahoma, and Kenneth Wa lker, County Treasurer of Delaware County, Oklahoma, each

appearing by Richard Lock, the duly elected, lega lly qua lified and acting County Attorney of Delaware County, Oklahoma, and it appearing that the state of Oklahoma has filed herein its disclaimer of any

interest by virtue of inheritance, estate or transfer taxes, and is,

therefore, in default of personal appearance, only, and it further appearing that due and proper notice has been served upon the Area Director of the Five Civilized Tribes proclaiming the pendency of this action, and that, therefore, the United states of America is bound by the decree of this Court determining heirship, and it further appearing tha t each and all the defenda nts named in the ca ption hereof, sa ve and except as heretofore sta ted, ha ve been duly a nd lawfully summoned by

publication notice more than 41 days prior hereto, which said notice, together with all the pleadings upon which the same rest are severally examined by the Court, severally found good, valid and sufficient, and are severa lly approved, and there appearing no inhibition to the entry of judgment against said defendants, or either of them, and said defendants having been ca lled a loud three times at the bar of the Court to answer, appear, except or object, and coming not, they are adjudged

wholly in default.

Whereupon, plaintiffs present their eviaence and rest, and therefrom the Court finds a 11 the issues genera lly in favor of the plaintiffs and against the defendants, and each of them, and further finds that the plaintiffs are entitled to have quieted and confirmed in them the full fee simple title to the hereinafter described real property and premises both as a prescriptive title and as a record title subject, only, to the first mortgage in favor of the National Bank of Commerce of Tulsa, Oklahoma, which lien appears of record in the office of the County Clerk of Delaware County, Oklahoma, at page 583. in book 231, and being fully advised in the premises,

86

Journa 1 Entry... . . . page 3 IT is THE ORDER, JUDGMENT AND DECREE OF THE COURT that the title in and to the following described real property and premises situate in Delaware County, Oklahoma, to-wit:

The SEt; and, the E~ SWt; and the sl NEt of Section 11; and, the

Hl S~'Jt of Sect i on 12; 8 nd, the 1.il NV.Jt of Se etion 13; and, the Nl NEt; and, the SEt NEt; and, the NEt lTwt of Section 14, all of said lands being in Twp. 23 North and Range 22 East of I~ the Indian Base and Meridian, according to the United States ~ Government Survey and Plat thereof,

be, and the same is hereby quJeted and confirmed in Wayne M. padgett and Lucille A. Padgett, husband and wife, as joint tenants, by virtue of the

deed appearing of record in the Delaware County Clerk r s office in book 231 at page 851 and the Court doth further adjudge and decree:

That the deed of .record in Book 37 at page 103 executed by Delaware County, Oklahoma, is a full and complete divestiture of the interest of the prior owners and each of them, and of the County of Delaware, State of Oklahoma, and that said deed merges therein all the right of said County, together with the right to taxes accruing or having accrued prior to its execution and delivery and that the statute of limitations now bars said County, and all prior owners from claiming any interest in and to sa id premises adverse to the pla intiffs, their successors

and assigns.

That the deed of record in the Delaware County Clerk i s office in book 14 at page 122 describes a portion of the above land through error and that none of the parties to said deed have any right, title or interest in and to said lands, or any part thereof.

That B.B Ralph, while then the owner of an interest in the above described lands departed this life an unremarried widower, without issue and testate, and that he left surviving him as his sole and only heirs at law, or persons entitled to participate in his estate the following named persons: George A. Ra Iph

Sarah Louise Sprague, Eliza beth Dunca n

Marth Bourdon

and that he left surviving nim no widow or child or adopted child or children, or other brother or sister, now the issue of any deceased brother or sister, and the above named persons inherited the whole of

estatey exclusively.

87

'~.

, '

Journa 1 Entry.... pa ge 4

That on the 5th, day of February, 1936, the being then an heir of B.B. Ralph and entitled to estate, being interested in the aforesaid lands, an unremarried widow and that she left surviving only heirs a t law the following named persons: William R. Bourdon, Ethel J. Bourdon, George R. Bourdon, Henry C. Bourdon, Jeanette Cox, Ha z e 1 B. Wa 1 t e r ,

said Martha Bourdon, participate in his departed this life her as her sole and

son

I,..

da ughter son son da ughter da ughter

and that she left surviving her no husband nor other child or adopted child nor children, or the issue of any deceased child or adopted child or children, and the above named persons inherited the whole of her estate, exclusively.

and Martha Bourdon were

That the estates of the said B.B. Ralph

probated (by ancillary proceedings) in the County Court of Sequoyah County, Oklahoma, in causes numbered 2417 and 2534, respectively, and that the heirships therein determined and aforementioned are hereby judicially validated and determined firm and effective forever.

That while the owner of an interest in a portion of the above described lands, Mary Creekkiller, a full blood member of the Cherokee tribe of Indians departed this life in and a permanent resident of Delaware County, Oklahoma, on the 2nd, day of July; 1921, being sometimes also known as Mary Aleck, and that she left surviving her as her sole and only heirs at law the followìng names persons who inherited the whole of her estate in the respective proportions set opposite their

names, to-wit: Coon Aleck, Essie Aleck, Katie Aleck,

Springpole Aleck,

husband, da ughter, da ughter, son,

1/3

2/9 2/9 2/9

anã that she left surviving her no other child or adopted child or children, nor the issue of any deceased child or adopted child or children, and the above named persons inherited the whole of her estate,

exclusively. That while the owner of another por~ion of the above described premises, the said Coon Aleck, a member of the full blood of the Cherokee Tribe of Indians departed this life on the 22nd. day of October, 1922, an unremarried widower, intestate, in and a permanent PoP,

Journa 1 Entry..... page 5

resident of Delaware County, Oklahoma, and that he left surviving him as his sole and only heirs at law the following named persons who inherited equal shares in his estate, to-wit:

Essie Aleck, Ka tie Ale c k,

Springpole Aleck,

da ughter da ughter son

and that he left surviving him no other child or adopted child or children, nor widow J or the issue of any decea sed chìld or adopteå child or children, and the above named persons inherited the whole of his estate, exclusively. That the guardian1s deed of record in the Delaware County Clerk1s office in book 60 at page 127 is a full, complete and final divestiture of the interest of the heirs of the said Mary Creekkiller (then Mary Aleck) and Coon Aleck, and that said heirs are now barred by the statute of limitations from asserting any irregularity and, in any event, there were no irregularity, and that said deed is firm and effectual forever. That while the owner of a portion of the above described lands, Aggie Lincoln, a Cherokee Indian of the full blood enrolled opposite No. 25,602 departed this life married and intestate in and a permanent resident of Delaware County, Oklahoma, on the 9th day of June, 1909, and that she left surviving her as her sole and only heirs at law the I-'ollowing named persons who inherited equa 1 shares in her esta te J to-wit:

Robert Lincoln, Nannie Lincoln, Arcenie Lincoln,

Husband

da ughter son

and that she left surviving her no other child or adopted child or children, nor the issue of any deceased child or adopted child or children, and, therefore, the above named persons inherited the whole of her estate, exclusively. That while the owner of an interest in a portion of the above described land, the sa id Robert Lincoln departed this life on the 11th. day of January, 1927, an unremarried widower, intestate, in and a perma nent resident of Sequoya h County, Oklahoma, however J he possessed an interest in these lands located in Delaware County, Oklahoma~ and t hat he left surviving him as his sole and only heirs the following named persons who each inherited an undivided 1/3 interest in his

estate, to-viit:

89

'..'"

Journa 1 Entry..,.. page 6

Nannie Lincoln, daughter Arcenie Lincoln; son

Mary Lincoln, daughter and that he left surviving him no wìdow nor other child or adopted child or chilCren, nor the issue of any deceased child or adopted child or children, 2nd the above named persons inherited the whole of his estate, exclusivelyo That neither the National Hardwood Company nor the Guaranty Trust Company of Detroit, Michigan) have any present ìnterest or right in anà to said lands) or any part thereof, all their rights having terminated, ceased and vested, and, in any event, beìng now barred by the statute of limitations inasmuch as plaintiffs i grantors have been in possession under color of title and claim of right for more than 15 years.

That the deed executed by the heìrs of Robert Lincoln and Aggie Lincoln, of record in book 109 at page 202 in the Delaware County Clerk! s office is firm and effectual forever to divest said grantors, heirs, of any right or interest in and to said premises, or any part thereof.

That Jeanette Cox is the same persons as Jeanetta Cox. That Nannie Lincoln is the same person as Nannie Bird. Tha t Mary Lincoln is the same person as Mary Blackbird. That each and all the defendants named in the capGion hereof be, and they, and each of them, are forever barred to set up, assert or claim any interest in and to said lands, or any part or parcel thereof, adverse to the plaintiffs, their successors and assigns, and, particularly, the Board of County Commissioners of the County of Delaware and Kennth Walker, County Treasurer of Delaware County, Oklahoma, and each of them, a nd their respective successors in office are now barred to assert or claim any interest in and to said premises, or any part thereof by virtue of alleged' irregularities or unpaid ad va lorem taxes. Joseph G. Brea une

JUDGE OF THE DISTRICT COURT APPROVED AS TO FORM:

Ernest R. Brown ATTORNEY FOR PL~INTIFFS Richard vI. Lock

COUNTY ATTOHNEY

Filed:

June 20, 1962.

90

INSTRUl!iEN'T' :

QUITCLAIM DEED

GRANcr'ORS:

E .M. Bishop and Jeweldean Bishop: otherwise known as Gerildean Bishop, husband and wife.

Wayne M. padgett and Lucille A. Padgett, husband and wife as joint tenants and not as tenants in common with full rights of survi-

GRANl'EES:

vorship

/'-..

DATED:

February 8, 1963

FILE:: -

Feb. 11, 1963 at 2:30 P.M.

RECORDED IN:

Book 235 page 885

CONS IDERA T I ON :

$1.00 a nd other cons idera tions

GRANTING CLAUSE:

Grant, Bargain, Sell, Convey

COVENANTS:

To ha ve and to hold.

EXCEPTIONS:

None

REVENUE :

None

and Quitclaim.

DESCRIPTION. (Other lands) and

vT-l SW-l Sec. 12, Twp 23 N., Rge, 22 E., less approximately 8.9 a cres heretofore de eded to GRDA;

The purpose of this deed is to correct any dis crepancies arising by the various spellings of the name of the grantor Jeweldean Bishop, otherwise known as Gerildea n Bishop. E.M. Bishop Jewe ldean Bishop STA TE OF OKLI\HOI,J.'J

COUNTY OF TULSA.. . . . SS Before me, the undersigned, a Notary Public, in and for said County and State on this 8th day of February, 1963, personally appeared E.M. Bishop and Jeweldean Bishop, otherwise known as Gerildean Bishop, husband and wife, to me known to be the identical persons who executed the within and foregoing instrument and acknowledged to me that they executed the same 2S theirfree and voluntary act and deed for the uses and purposes therein set forth. Given under my hand and sea 1 the day and year last above written.

Edythe Grimes

I.ly commission eXDirss 2-10-67 (SEAL)

91

Notary Public

J:NSTRù1/jENT:

JOINT TENANCY WARRNTY DEED

GRP.NTORS:

Wayne M. Padgett and Lucille A. Padgett,

GRANTEES:

E. J. Cadde 1 and Wilma C. Cadde 1, husband and wife

husband and wife.

as joint tenants and not as tenants in common with full rights of survivorship

J'J. .. DA T'ED:

De cember 7th, 1962

FILED:

Dec. 11, 1962 at 11:10 A.M.

RECORDED IN:

Book 235 page 151

CONSIDEHATION:

$10.00

GRANTING CLAUSE:

Grant, bargain, sell and convey

COVENANTS: To have and to hold, warrant the title EXCEPTIONS: Ea sements, building restrictions of re cord and special assessments not yet due;

REVEW0E: $1.60 DESCRIPTION m~~ SW~ Sec. 12, Twp 23 N., Rge. 22 E., less approximately 8.9 acres heretofore deeded to Grand River Dam Authority, in Delaware County, state of Oklahoma. Containing 31.1 acres, more or less Wayne M. padgett Lucille A. Padgett STA TE OF OKLHOMA

COu~TY OF TULSA.. . . . ,SS Before me, the undersigned, a Notary Public, in and for said County and State, on this 7th day of December, 1962, persona lly appeared Wayne M. padgett and Lucille A. padgett to me known to be the identical persons who executed the within and foregoing instrument, and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. Given under my hand and seal of office the day and year above

written.

Norma Ford

My commission expires Jan. 14, 1966 (SEAL)

Notary Public 92

INST;',UI'r.::;c¡' :

ri10RTGAGE

GRL.NTORS:

E. J. Caddel and Wilma C. cadde 1,

GEAK?EES :

Fred S~one and Wayne M. padgett

DA TED:

De cember 6) 1962

Husband and Wife.

I,..

FILED:

Dec. 19, 1962 at 11:15 A.M.

R=COFWED iN:

Dook 235 page 233

CONSIDERL.TION:

$7: 500.00

GRAWr'ING CLAUSE:

Have mortgaged and hereby mortgages

EXCEFTIO:~S :

None

NOTES:

1 note dated Dec. 6, 1962 in the amount of $7,500.00, payable monthly for a period of 60 months, monthly payments to include

interest J at $148.50 per month, with right of pre payment as provided in note, with interest at 7% per annum.

DES C RIP T IO'N ff1l swl Sec. 12, Twp 23 N., Rge 22 E., less approximately 8.9 acres hereto:ore deeded to Grand River Dam Authority, in

Del2.:.are Cour.ty: 3tate of Oklahoma.

E.J. Caddel (SEAL) Wilma C. Caddel (SEAL)

Eegularly Acknowledgec

O~ ,/ .J

PARTIAL RELEASE OF REAL ESTATE ì'IORTGAGE

KNOW ALL 11EN BY THESE fRESENTS:

WHREAS, on the day of December, 1962, a certain mortgage was executed by E.J. CADDEL and WILI~ Co CADDEL, Husband and Wife, Mortgagors, to FRED STONE AND WAYNE M. PADGE'lT, Mortgagees, for the sum of Seven Thousand Five Hundred and No/lOO ($7,500.00) Dollars, upon the followìng described greal esta te, viz: J '..

NvJt SWt Sec. 12, Twp' 23 N., Rge 22 E., less approximately 8.9 acres heretofore deeded to Grand River Dam Authority, in Delaware County, State of Oklahoma,

which said mortgage is recorded in Book of Mortgages, on Page of the records of Tulsa County, Sta te of Oklahoma.

NOW, THEREFORE, FRED STONE AND WAYNE M. PADGETT, the above named mortgagees, do hereby remise, release and forever quit-claim all their right, title, and interest, in and to the above mentioned property which they may have acquired by virtue of said above named mortgage, to E.J. CADDEL AND WILMA C. CADDEL, Husband and Wife, the said mortgagors, their heirs or assigns, forever, INSOFAR ONLY AS SAID MORTGAGE COVERS THE FOLLOWING DESCRIBED LAND, TO-WIT: The North 50 feet of the Nl.Ñt NVJt SWt Sec. 12, Twp 23 N., Rge 22 E. of the Indian Ba se and Merid ian.

IN TESTIMONY WHEREOF, we have hereunto set our hands and sea ls, this 27th day of June J 1963. Fred stone

Wayne M. Padgett

STA TE OF OKLHOMA

)

)

COUNTY OF TULSA

SS.

)

Before me, the undersigned, a Notary Public, in and for said County and State, on this 27th day of June, 1963, personally appeared FRED STONE AND WATIiE M. PADGETT, to me known to be the identical persons who executed the within and foregoing instrument, and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS vIHEREOF, I have hereunto set my officia 1 signature and affixed my notarial seal the day and year above written.

94 Pub lic

My commi"sQion ~yri~cQ Porm¡,a Ford, ~.; .1 i... _-'..~__.. ..... Tan u ...'4'..'9t~~ J _ (~~nT) .~ \u.i~~.L _'4 ~l; ~J-o~a~~.~ - - l~ '. ..:!

Filed: July 1, 1963 at 9:00 A.M., recorded in Book 237 page 917-918

RELEASE OF MORTGAGE

KNOH ALL l.1ElT BY THESE PRESElllS: vllREAS, on the 9 day of Dece::ber, 1962, a certain L10rtgage \'jas E cuted by E. J. Caddel aDd -iÜlr:a C. Caddel, Hortgagors to Fred Stone 2I

vla.yne 11. Padgett, 2,iortgagee for the su.,:. of Seventy five hun.dred and lIe Dollars upon the following described real estate, viz: ,\ 4 l; . ",c ior: c.:ti--H o"n~_~_p u. NTI.'¡l S"I.Tl' S "" t. ,l"" c: l' ~. ? 3 'lT

, R;e. 22 E., less apprOXii2. tE

8.9 acres heretofo!e~.deeded to GPnA,

Dela~':are Co

ll"l

ty , Ol:lahorr.a

which said ~ortgage is recorded in Book 235 of 11ortgages, on page 233 of the records of Delm'rare County, state of Okleho~:a. 1'IH'.EPiS" the note secured by said IT.ortgage has been paid in full:

Nm'¡, THL"l70KS, Fred Stone and Ha.yne 2,1. Pa.dgett, the a.bove n8!:ed mortgagees do hereby reDise, relea.se ~~d forever qui t-clain all their right , title, e.d ~ ,,t eres t in a.d to' the above r:en tioned property "i.¡hie

they :iay h8.ve acquired by virtue of said a.boye na.r:ied rr~ortgage to E. J, Ca.ddel 2.1'1d '.-l 1 r::a C. Caddel, the sa.id L"ortgagors -' their heirs or as sig!

forever.

WITNESS our har.d this 18 da.y

.. .,' _ '-l.,..-O-;~ 71'a""""h 1 oo~6 .

ì'layne_Pa.dgett Fred Stor:e STATE OF OIU.Li-\HO::.!.A,

COmITY O? 'IULS_ei.... SS

Before :-::.e, tèie ur:dersis:-ed, a ~\o-iary Public in ar.d for said Cou.'

SJ. L.at 0 e,"i-i-"", n \JILc. S ie Ud~y a.'o.. J. ....;a-r.-.~ ..... _...., i 0::0~ -::vpeY'c:o~::l ~ _ .~ ....~"" l-r a. nea.r0c.' j P. -~ .....)a..-.. ..i~e--c.CI6e p,. "',- . and Fred Stone, to ~:e k.'1o.:;n to be t~'1e identical pe2.~sor.s 1;¡ho e:¡:ecuted .

within and fOTegoin; instrUi;.ent and aC~::'1oi';led;ed to C':e that they exec~ the s~~e as their free ~~d vOlll~tary act and deed for the uses and P~

therein set forth.

Given i~Dder DY hand ~Dà seal of office the day aDd yea.r last abo i,'iri t ten ..

My commission expires:

Gerry Ne"''lton

8/8/68 . (SEAL)

Notary Public

FILED: Harch 23,

~ __r/' -L~OO

a. t 10: 00

'J , :.1\. ..".l.

recorded in 30ok.2S1 at Pe.ge

9C- -A

j- ~ p,? f

,.,/

INSTRUTifNT:

JOINT TENANCY WARRANTY DEED

GRANTORS:

E.J. Caddel and Wilma C. Caddel~

GRANTEES:

Leo Smith and Mildred Smith Husband and Wife as joint tenants and not as tenants in common with full rights of survivorship

DA TED:

July 2nd ~ 1963

FILED:

Jul. 3~ 1963 at 1:45 P.M.

husband and wife.

/'-

RECORDED IN: Book 238 Page 4 CONSIDERATION: $1.00 and other good and va lua ble cons ideration. GRANTING CLAUSE: Grant~ bargain~ sell and convey

COVnNANTS: To have and to hold~ warrant the title EXCEPTIONS: Except ea sement s, building restrictions of record and special assessments not yet due.

REENUE: $.55 DES C R IP T ION The North 50 feet of the Nwt NWt swt Sec. l2~ Twp 23 N., Rge 22 East of the Indian Base and Meridian, situated in Delaware County, State of Oklahoma, LESS AND EXCEPTING that part thereof which has heretofore been conveyed to the Grand River Dam Authority, being specifically understood that such conveyance is to only that portion of the above described property lying West of the area of Grand Lake, particularly described as the cove of the Hi-lift Marina. E.J. Caddel Wilma C. Caddel STA TE OF OKLHOMA County of Tulsa. .... ss for said Before me, the undersigned, a Notary Public, in and County and State, on this 2nd day of July, 1963, personally appeared E. J. Caddel and Wilma C. Caddel~ Husband and Wife to me known to be the identical persons who executed the within and foregoing instrument, and acknowledged to me that they executed the same as their free and voluntary a ct and deed for the uses and purposes therein set forth. Given under my hand and seal of office the day 2nd year above writ-

tenii My comm. expìre s Nov. 12, 1966 (SEAL)

95

Vera vaughn Meador)

Notary Pub lic

EASEMENT OF RIGHT -OF-\'JA Y

lC~OW ALL I~N BY THESE PRESENTS:

THAT WF£PilAS, the undersigned LEO SMITH and 11ILDRED SMITH, husband

and WIFE, are the owners of the following described land, to-wit:

Beginning at a point that is 65 feet North and 336 feet East of

the 3\'! Corner of the wit of Se c. 12, Twp 23 N., Rge. 22 E;

South 115 feet/to a point that is 332.3 feet Ee st and 50 feet South of the NW corner of the 3W-t Sec. 12, Twp 23 N., Rge. 22 E. Thence Ea st 30 feet; thence North 115 feet; thence West 30 feet to the point or place of begìnning;

Thence running

AND VlHEREAS, it is the desire of the said LEO SMITH And MILDRED S~lITH, husband and Wife, to grant unto E. J. CADDEL AND WILMA C. CADDEL,

Husband and Wife, a right -of -way ea sement in common with the sa id LEO SJ\IITH A~"D MILDRED SMITH, Husband and Wife, for road purposes , with rights of ingress and egress.

NOW, THEREFORE, the undersigned, by these presents, do hereby grant unto E.J. CADDEL and WILMA C. CADDEL, Husband and Wife, their heirs, successors and assigns, an easement of right-of-way for road purposes, in common with the said LEO SMITH and MILDRED SMITH, with rights of ingress and egress in and to the above described property. DATED THIS 2nd day of July, 1963 at Oklalioma City, Oklahoma. Leo Smith Mildred Smith

STA TE OF OKLHOMA COUNTY OF OKLAHOMA.... SS Before me, the undersigned, a Notary Public, in and for said County and State, on this 2nd day of JulY, 1963, personally appeared Leo Smith and Mildred Smith, Husband and Wife, to me known to be the identical persons who executed the within 2nd foregoing instrument, and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth.

Given under my hand and seal of office the day and year above

wri tt;en. Yiy commission expires March 16, 1967 (SEAL)

riled: February 11, 1964 at 1:10 P.M, Rscorded in: Book 240 at pagss 868-869 96

Ka thryn M. Pa Imer,

Notary Public