The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-04-15
The Supreme Court !" lsSsi.is Sss!.,:s Ss: ss
'"''fs fsr,g,x S,,s.. Decides Famous Case

An Indian Territory murder case is
involved in the civil case Of r. j.
DeGraffenried versus the iowa Land
and Trust company. from the western
diatrict which was reversed and re-
manded in an opinion by Justice Turi
ner. this week IN Supreme court. Cas-
tella Reeves, also Known as Castella
Brown, enrolled as a Creek freedman.
was murdered by her husband, Ben
Reeves, who was convicted and sen
fenced to life Imprisonment for the
murder She died intestate and with
out heirs Her brothers aud sisters
and other collateral heirs decided their
interest in her allotment to the trust
company, while Ben Reeves gave a
deed for half interest in Il to DeGraf-
fenried the lawyer who defended him.
The court upholds that deed, holding
that under the Creek laws half of the
estate would go to the husband, even
81 he had murdered his wife, and the
other hall to the mother, as next Of
kin. Because of the far-reaching effect
OF the courts decision the opinion Is
given in full below:
peeRAFFENRlED ET AL VS.. THE
IOWA LAND q TRUST CO.
on June Z, 1902. Castella Reeves.
hereinafter called Castella Brown, died
intestate I'm the Creek Nation, Indian
Territory, without child OF children
or the issue of such surviving her,
She left surviving, Cynthia 1olliver
her mother, Viola Brown Mathews,
Shellie Brown and Henrietta Stewart
her sisters and George Brown, a
brother all duly enrolled citizens Of
the Greek Nation, but not of Indian
blood
She left also surviving George
Brown, her father. not citizen OF the
Creek Nation, and Ben Reeves, her
husband, who was al no time citi-
zen of said nation"
She was murdered by her said hus-
band, Ben Reeves, who at the January
term OF the United States court In the
Indian Territorg at Aiuskogee, was
tried and convi and sentenced to
life imprisonment
Prior TO her aatn, to-wit, on April
%. 1899. Catsella Brown selected her
allotment, and on the same day re
ceived certificate OF allotment from
the commission to the Five Civilized
Tribes, No. 1880, for the Southeast
quarter Of Section Nine. Township
Eighteen, North, Range Eighteen,
East, in the Creek Nation, Indian Ter
ritory
After her death, to-wit: On July 26,
1905 Cynthia Tolliver, her mother for
a valuable consideration made. exc.
cuted and delivered to the Iowa Land
a Trust Co., warranty deed TO said
lands In fee. which was dhly record
ed, and said company placed in pos
90 tarh fah hL.t
have since retained.
On August 10th, 1905, said Henri
eta Stewart and her husband, J. Il.
Stewart, for a valuable consideration,
also made. executed and delivered to
said company a warranty deed TO her
undivided interest in said land, which
vas duly recorded.
On August, 1905. George Brown, her
brother. a single man, for a valuable
consideration, also made, executed and
delivered to seid company warranty
deed to his undivided interest IN sasd
land, which was duly recorded.
On July Is, 1904 Ben Reeves, her
husband TO compensate Robert r. de
Graffenreid his attorney, for his serv-
ices in defending him for the murder
of his wife, Castella Brown. made, eX-
ecuted and delivered to said Robert T.
deGraffenreld a warranty deed TO his
undivided one-half interest in said
land which was duly recorded
On September %, l90h Shellie
Brown. her sister. for valuable con
sideration, made, executed and de
hvsred to J. p. Allen, J. s. Calfee and
n. l.. Hart a warranty deed to her un
divided interest in said lands, which
was duly recorded
On September "a, 1904, said Allen
and wife, Calfee and wife and Hart
and wife, for a valuable consideration
made, executed and delivered TO the
Greek Land a. Improvement company
a auit-claim deed to all their right, II
tie and interest in said lands, which
was duly recorded.
AT the time of the death of Cas-
tella Brown, the Creek laws of descent
and distribution were and are as fol
lows.
sec. 6. BE II further enacted tha'
If any person die without a Will, haV
ing property and children the pvoperA
shall be equally divided among ths
children by disinterested persons ans
in all cases where there are no chill
dren, the nearest relative shall inheri
the property"
Sec. 8. "The lawful or acknowl
edged wife of deceased husband
shall be entitled TO One-half of th'
estate. II there are no Otner heirs, an,
an heirs part should there he othe
heirs In all cases where there is ~
will The husband surviving shah in
herit Of a deceased wife In like man
ner'
Sec 1. IAN non-eiiIzens not pre-
Wously adopted and being marrie'
TO citizens of this Nation, or hayinl
children entitled TO oitizenship, shal
have the right to live IN this Naio
and enjoy all privileges enjoyed b