In re Baptiste's Will, 110 Okla. 267

Summary

The Oklahoma Supreme Court affirmed the denial of probate of Sammy Baptiste’s will. The court held that a will by a full-blood Indian devising restricted real estate and disinheriting a full-blood Indian parent was invalid because it lacked the required approval by an authorized officer under federal law. The court also upheld the finding that the will was procured through undue influence.

Holdings

1. A will by a full-blood Indian that disinherits a full-blood parent is invalid as to the devise of restricted real estate unless the will itself is both acknowledged before and approved by an officer authorized under the federal statutes.
2. The district court's finding that the testator's signature was obtained through the proponent's undue influence was supported by the evidence and was not against the clear weight of the evidence.

Questions Presented

1. Whether the will was executed, attested, and published as required by Oklahoma law.
2. Whether a will by a full-blood Indian that disinherited a full-blood Indian parent was invalid because it lacked the acknowledgment and approval required by federal law.
3. Whether the evidence supported the district court's finding that the testator's signature was procured through undue influence.

Disposition

affirmed