Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1917-10-11
MAY OPEN N0LA
CH|LDERS LAND
State Supreme Court Settles
Jurisdiction of Valuable
Estate.
LEE CLINTON IS GUARDIAN
Vast Residence Section May Be
Placed Upon Market
at Once.
LEE CLINTON IS GUARDIAN

A great forward step in the eyOlu-
ton of Tulsp's beautiful residence dis
trlct along the new Riverside Drive
now being constructed and the OPEN
ing up of another fine residence Sec
ton in the exclusive part Of the city
nay be the immediate result of an
important decision by the supreme
court of Oklahoma when 1t handed
down decision yesterday settling the
jurisdiction of the estate of Nola
Childers, wealthy Usage Indian girl of
pawhuska, owner of two 80-acre
tracts in the section of the city of
Tulsa referred to and estimated to
be worth at least half million dol
lars
The high court affirmed the de-
cision of Superior Court Judge NJ. a.
Breckinridge, who some months ago
held that Nola Childers is a citizen
and resident of Usage county Tand
that the administration of her esta te
properly belonged to the county court
OF that county.
The decision means that Daniel V.
Horsley, an attorney of Pawhuska,
and Lee Clinton, lce-president of the
Union National bank of this city, who
were appointed guardians of Nola's
estate in March. 1914, by Paul l..
Mason, judge of the county court OF
Usage county, are the duly authorized
and accredited guardians. and that the
matter of opening the girls valuable
residence tracts in this city is now in
the hands IF Judge Black, present
county judge of Usage courty.
May Sell lots.
If Judge Black decides to open
these and sell them out for residence
lots, as the people of Tulsa are hope
fj:l he will do, 1t means that many
blocks of the finest building property
In the entire city that are now vacant
may be placed on the market by the
guardians and opened for Improves
ment. -.a'
= rhe tracts are entirely surrounded
by the handsomest homes in the city
ard should they be opened II Is pre-
dicted that they will all be sold within
a very short time, 50 rapidly Is the
city developing and expanding.
One Of the tracts stretches along
the bank of the Arkansas river. ex-
tending from the county bridge. goes
south into the fashionable Stone
braker heights and is bordered on
the east by Elwood avenue.
The other eighty acres adjons
Morningside on the north and extends
along the Orchard and Bellview ad-
tions on the east.
Is an Usage.
Nola Childers is member OF the
Usage nation, but inherited her allot-
ment thru her Creek blood. Her
mother was an Usage but her father,
William Childers, was full-blood
Creek. She will reach her 18th birth
day on Christmas day, but under the
federal laws governing the Usage
tribe, she will not become Of legal age
until she is 81, so her guardians will
have charge Of her affairs three more
years. The great growth Of the city's
residence section around her two
tracts will ultimately make Nola, per-
haps. the richest girl in Oklahoma.
Recently. she married Forrest r.
Tracey, a young student In the Went
worth military academy A Living
ston, Mo-, but she and her husband
are now visiting relatives near Tulsa.
The supreme courts decision set
ties important litigation over Nola's
estate that has twice gone to that
body and extended over three years.
In March. 1914, when Clinton and
Horsley were appointed guardians by
Judge Mason at Pawhuska, to succeed
Ret Millard, former Indian agent
there, who resigned, Judge Brown
county Judge of Creek county, ap-
pointed o. II. Leonard. vice-president
Of the Exchange National bank of
this city, as guardian and issued an
order transferring the administrations
of the estate to Tulsa county. Where
upon Conn Linn, then county Judge.
issued an order requiring a block of
the tract bordering on the river sold
to the school district of this city to
provide additional grounds for the
Riverview school.
Resist Order.
Guardians Clinton and Horsey re-
sisted the order and obtained an in
junction from District Judge l.. NJ.
Poe, restraining Judge Linn from taxi
Ing further action. Leonard's attor-
neys, King &s King and l.. j. Martin.
appealed to the supreme court to dis
solve the injunction, but 1t refused to
do so.
Poe as district Judge To obtain
decision as to who were the legal
guardians-Clinton and Horsley or
Leonard-and to ascertain where the
rightful jurisdiction and administra-
ton of the Childers estate lay
whether in Tulsa county or Usage
county-Woodson f. Norvell and
Daniel V. Horsley. representing Clin-
ton and Horsley. had the matter
transferred to the superior court for
a trial upon the merits Of the case be-
fore Judge M. A. Breckenridge.
He held that as william Childers.
father Of Nola, lived In the Usage
nation at the time of his death in
1902, Nola was q resident and citizen
Of Usage county. The effect Of this
decision was to validate the appoint
ment by Judge Mason Of Clinton, and
Horsley as guardians.
Leonard appealed from Breckin-
ridges decision to the supreme court
and that body yesterday affirmed
Judge Breckinridge.
The administration Of the estate |
now goes back to Usage county and |
places Il under the control Of Judge |
Riack thu present iudge there