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COOPER, Malena nee BEN
STATE OF OKLAHOMA.
IN COUNTY COURT.
CASE NUMBER NO. 550.
In the Matter of the Estate of Malena Cooper, nee Ben (A-5544)
ORDER APPROVING DEED.
Now on this day there comes on for hearing the petition of ALLEN COOPER praying the court to approve petitioners deed to R. L. WESTPHAL conveying petitioner's deed to H. L. WESTPHAL conveying petitioner's undivided one third interest in the surplus allotment of MALENA COOPER, nee BEN, deceased, a copy of which deed is attached to petition herein and made a part of the files in this cause; and said petitioner appearing in person and said H. L. WESTPHAL appearing and paying into court the sum of $275 being the consideration named in said deed, and the court having examined and considered said deed and petition, and having heard the evidence offered in open court, and being fully advised in premises finds the facts to be as in said petition set forth, to wit:
That said petitioner ALLEN COOPER is the surviving husband of MALENA COOPER, nee BEN, deceased; that petitioner is a citizen by blood of the Choctaw Nation enrolled opposite No. 5575 as of the full blood;
That said MALENA COOPER, nee BEN, was a citizen by blood of the Choctaw Nation enrolled opposite No. 5544 as of the full blood;
That on or about the 4th day of June 1913 the said MALENA COOPER nee BEN, departed this life interstate at her home near Nashobia in Pushmataha County, Oklahoma; that at the time of her death said MALENA COOPER, nee BEN, was and for many years prior thereto had been an actual resident of Pushmataha County in the State of Oklahoma; that administration upon the estate of said MALENA COOPER, nee BEN, is now pending in this court and this court has jurisdiction of the settlement of the estate of said MALENA COOPER, nee BEN, deceased;
That said MALENA COOPER, nee BEN, left her surviving as her heirs at law the following persons and none other, to wit: her husband, ALLEN COOPER, petitioner herein, and two minor children, RAMSEY COOPER and EDEN COOPER;
That said MALENA COOPER, nee BEN, died seized of the following described lands, together with other lands not herein concerned, which lands are situated in Pontotoc County in the State of Oklahoma, to wit:
The E. 1/2 of the E. 1/2 of the NW 1/4 of Section 22; also The S. 1/2 of the SW 1/4 of the NE 1/4; and the N. 1/2 of the NW 1/4 of the SE 1/4 of Section 23; also the E. 1/2 of the E. 1/2 of the SW 1/4; and the W. 1/2 of the W. 1/2 of the SE 1/4 of Section 24 all in Township 3 North, Range 4 East of the Indian base and meridian, containing 160 acres, more or less, and being her surplus allotment;
That upon the death of said MALENA COOPER, nee BEN, her surplus allotment above described descended to her heirs herein above named and became alienable;
That on the 9th day of July 1913 petitioner ALLEN COOPER sold his interest in said lands to H. L. WESTPHAL for the price and sum of $275; that petitioner has executed to said purchaser his deed of conveyance and said deed is now presented to this court for approval and the petitioner having testified that he is fully satisfied with said transaction and sale and that he believes said consideration to be reasonable and adequate and the fair value of said interest in said land and he desires to consummate said sale with the approval of this court and prays this court to approve his said deed;
And this court after having heard the evidence and being fully advised in the premises, being of the opinion that said sale is fair and equitable and that it will be for the proper interest of said petitioner to approve said deed;
Now Therefore it is hereby ordered that the said deed of conveyance from the said ALLEN COOPER to the said H. L. WESTPHAL conveying the surplus allotment of said MALENA COOPER, nee BEN, deceased, be and the same is hereby ratified, confirmed and approved, and in all things declared legal and valid.
Dated this 29th day of September of 1913.
L. P. DAVENPORT, County Judge
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