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List of non-Osage shareholders in Fletcher case causes a stir

Some 'humiliated' by discovering their names on list of non-Osage shareholders
Amanda Proctor and Jason Aamodt, attorneys for the Fletcher case, speak at a June 11 Trust update meeting. Photo by Chalene Toehay/Osage News

Some shareholders expressed shock and disappointment when their names or names of deceased relatives appeared on the Fletcher v. USA complaint filed in Federal District Court in Tulsa June 12.

The complaint contained a list of 1,747 names of individuals, churches, colleges, institutions and organizations that Fletcher attorneys allege are in illegal possession of Osage mineral shares because of their non-Osage status.

“Well, we’re finding out that the list we were given by the [Bureau of Indian Affairs] was flawed,” said Amanda Proctor, attorney for the Fletcher case and Osage tribal member. “The list primarily includes people that are dead and people that were entitled to draw royalty payments under various acts of [the U.S.] Congress and those people are primarily legally adopted people of Osages or spouses of Osages. We’re just asking people that if their name is erroneously on the list to let us know and to be patient.”

Proctor, and the other attorney on the Fletcher case, Jason Aamodt of Aamodt Lawfirm, are filtering through the list and doing independent research to rectify the situation. Currently her office receives about five calls a day pertaining to the list and they are diligently trying to separate those who should be on the list and those who shouldn’t be, she said. However, all entities other than individuals will remain on the list.

“The list we were given by the BIA was of non-Indian people – period,” Proctor said. “We’ve met with people from the BIA to reconcile the data and that’s an ongoing process.”

Comments unanimously posted on the Web site osageshareholders.org, document some of the outrage of people discovering their names: “I'm on the defendant's list and I'm curious how this came about as no one else on my father's list of heirs is being humiliated (that is exactly how I felt when I saw my name as well as embarrassed and scared).”

“I don't expect a lot of good to come from naming everybody in sight whose right to a headright share might be questionable and time will tell if I'm proved right.”

The seven-year-old Fletcher case seeks an accounting and restoration of Osage trust shares from non-Osage shareholders.

Proctor is asking that people be patient with her new schedule, she is going on maternity leave at the end of this month, and to let people know that they will be doing a couple of rounds of dismissals, or dropping erroneous names from the case, she said.

“There still may be people that will be served but there will be a letter accompanying the complaint to let them know what to do [to be dismissed from the case],” Proctor said. “Those letters will only be going to individuals. The entities will not receive any letter to be removed.”

The people who are intended to be in the lawsuit will receive a complaint and a summons notifying them of the lawsuit formally, so far Fletcher case attorneys haven’t served a single complaint yet.

The next move for the attorneys is a scheduling conference Aug. 7 where attorneys from both sides of the case will get together to form a plan to carry out the remaining phases of the lawsuit, she said. When the Osage News went to press Proctor didn’t know if the scheduling conference would be public or not.

For more information on the list contact Amanda Proctor at (918) 583-3145. To view the list of defendants click below: List of Defendants To view Exhibit A about the list of defendants click below: Exhibit A

Comments

It appears the link to the list no longer works. What happened?

Lisa it was done years ago...it was called the "Osage Indian Murders". Makes you wonder how many on this list are related to all the con games and downright theft that happened back in the day in those Osage Hills...

As soon as she was able,my aunt went to Canada and joined the Canadian WACs and my father falsified his age and joined the U.S. Army. Little contact followed until my father was getting ready to go serve in the Korean War. At that time, Herbert,Sr. and his wife got my father to deed his house in Indian Camp to them for "future considerations" with the understanding that they would deed it back to him so he could either live there or rent it out. Surprisingly, they sold it to a man named Frank Lessert, unbeknownst to my father. My grandfather died about 1967 which was when my father and his sister discovered the change in the dispensation of his hbeadrights had changed and the house had been sold. As I wrote beore, Herbert,Sr. left his entire estae to Ellen Faye Pappin, hs second wife completely unrestricted. (I promise this will end soon!)

Suddenly, before his death, Herbert,Sr. changed his will leaving everything to his 2nd wife Ellen Faye Pappin (non-Indian). My father and aunt were to receive $100 each and that was all. They tried desperatly to contest the will going throgh the Osage Agency, the BIA in Wshington, D.c., and private attorneys in their area. They were always met with indiference because acording to records in the agency, my grandfather did not have enough Osage blood to be resrtricted in the disposition of his headrights. Herbert,Jr. and Evelyn dropped it after being stone-walled so much. Without any explanation, we were promptly issued CDIB documents reflecting half the amount of Osange blood previously stated.

Are you asleep yet? Iwill continue in another posting, as I am disabled now and tire easily. (I^m sure tou could use the break, too) It is a story that spans over about 80 years.

This is a long story, as I am sure many of yours are, but I will try. My Great-Grandfather Alex Pappin and Grandfather Herbert A Pappin,Sr. respectively, were both original annuitants. My Grandfather Herbert,Sr. acquired another 3/4 headright. I am not sure how he got that fraction,so I am assuming it was willed to him. My research on that has proven fruitless. Susbsequenly, my Grandfather and his wife, Lena Mae Sands (who is of no consequence to this case) divorced. They both married non-Oage individuals and Lena Sands died in giving birth to her third child. My Grandfaher took custody of his two children Herbert A. Pappin,Jr, (my father) and Evelyn Pappin Barten (my aunt).

At her death, Lena Sands Pappin willed my father a house snd land she owned in Indian Camp. This comes into the play much later. Herbert,Sr.*s early wills state that it was his desire that upon his death, my father Herbert,Jr. was to reeceive one headright and his sister, Evelyn was to get the 3/4 share. Told you it was long - see later posting.

Yep,she's on maternity leave. But, I am just elated that somebody in my lifetime who's Osage and qualified has finally taken a stand to further investigate an already shoddy situation. Kudos to Amanda, she is my hero. Yes, there will be some hurt feelings and I am sure everyone from what I've already heard, was adopted or taken in or left somebody's money and land because all the Osages just loved to give away their money to churches and white people!? I don't think so. Probably 1% of these cases is charity or adoption related. I feel great about this situation and if we lose some membership, so be it. Owning a headright by virtue of theft, murder, false adoption or shoddy guardianship does not make a person Osage and never will.

It shouldn't be too hard to figure this out. You are either of Osage blood or not.

I'f I'm not mistaken, many who were not really Osage may have been granted a partial headright.

At the time, the law allowed it?

I think this is great! However I have reviewed the list of names and I know for fact there are more non-Osage names that should be on it! I think everyone should have a CDIB card in order to receive headright shares!

Whats next will lineage be challenged and is that why there is fear?

Click under the article where it says list of defendents. I have a realative who is on the list that was in err. No worry it will be resovled. This process is a way to the truth and should have been done years ago.

How does one get this list?

I just don't understand at issue which was discussed on june 11th was disclosed that there would be on the list heirs that should not be on the list and that there was a remedy for that. The fletcher case is to our benefit and these lawyers have virtually worked for pennies if at all. They should be praised for the hard work. Twenty five percent of what may come out of this will be added to each share holder and my feeling is that its not just a right but a gift. We are fortunate and less should we forget that we have brothers and sisters out there that are not quite as fortunate. Times are hard for many nations and this could'nt have happened at a better time. Thank you Amanda Proctor and othe attorneys invovled.