Miller Applications

Submitted by: Dennis Ward

18540. NANCY TYNER for her 3 children, Sole, Ark.
Rejected. The names of the ancestors of applicant do not appear upon the rolls. It is not shown that the ancestors of applicant were parties to treaties of 1835-6 and 1846.
(Misc. Test. P. 2748). [Should be P. 2788-P 2748 is for App 19240]

MISC. TEST. P. 2788/ App #18540-Nancy Tyner:
"My name is Nancy Tyner. I live at Solo, Ark. I am claiming for my children who claim through their father. My childrens names are Jesse A., and Amy E. Tyner. Their father's name was Dee Tyner. Dee Tyner was born near Ill. Station, I. T. He died in 1900 and was 27 years old when he died, I think. He got his Indian blood through his father, Jesse L. Tyner. Jesse L. Tyner was born back in Tenn., in Hamilton Co. He died in 1898 and he was 65 years old, I think. He lived in Tenn. until he was 37, I think. He moved to Logan Co, Ark. from there to the Territory. He made application under the Dawes Commission, and was admitted. He was enrolled with [rest of sentence is crossed out.] My children's father's brothers all made application to the Dawes Commission but were rejected. Jesse L. Tyner was never enrolled at any other place as I know of. He lived with the Cherokee tribe of Indians in Tenn., when he was growing up.."
SIGNED: Nancy Tyner, Russelville, Ark., Sep. 12, 1908.

EXCEPTION CASE 18540/ Amy E. Tyner and Jesse A. Tyner by Nancy Tyner Scott Gdn.St. Joe, Ark. Admitted. These children are the great niece and nephew of #11631, claiming through same source. See also Misc. Test. P2748. [See NOTE above regarding testimony page]

SUPP ROLL #30827-Amy E. Tyner -12
#30828-Jesse (bro) -10
by Nancy Tyner Scott, Gdn.

App. No. 14095-29994. Misc.

Sarah Ann Fuller, being duly sworn, deposes and says:

My name is Sarah Ann Fuller. My age is in the 70’s. It is about 76 years. I think I was born in either Alabama or Georgia. I came out to Missouri in 1849 or 1850. I was a child when we left Georgia and went into Tennessee. I was never enrolled that I know anything about. I was in Missouri in 1851. I did not get the strip payment. I was not enrolled by the Dawes Commission. I did not make application. I do not know why we were not enrolled. My father and my grandfather were white men. I got my Indian blood through my mother and she was a Cherokee. I think she was at least a quarter-blood. She has been dead 16 years. She came out west with me. She was not enrolled in 1851. I do not know whether she was enrolled in 1835 or 1851. I never hear her say she was. Her name was Nancy Latty. Her maiden name was Latty and she married a Latty. She was never known by any other name. Her mother was Francis Scott; She married John Latty. I have no brothers or sisters living. My brothers an!
d sisters were William Latty; he lived in Arkansas. Another was Fleming Latty; I have never hear hi him since the war ended. He did not come West. James and Ellis Latty were two more brothers. There were none of them enrolled. William tried for a right with the Dawes Commission but never got it. They probably had no Indian names. My mother had a host of brothers and sisters. One of her sisters were enrolled. Her name was Sarah Webb, nee Latty. She told me that she was enrolled. She was not known by any other name. I do not know where she was living at the time of her enrollment. She always remained East of the Mississippi. Her husband was ill and they could not come west. There was Lucinda Latty, Margot Latty, they never married; Susan married a Kiner; she was married since 1851. My mother had a brother John Allen; Allen lived in the Territory in 1851; he came with the Emigration; he has a son Joe and a daughter Eliza. My mother had a sister Peggy, who never married, who !
lived, in the Territory. Another brother was Jefferson; he lived in th
e Chickasaw Nation the last I know of him. He lived in Missouri and also in the Territory after the war. I don’t know that he did not live in the Territory before the war. Wash Latty was my mother’s brother and Diver was his son’s name. He lived in the Territory Uncle Wash died in time of the war. I have seen my Uncles (526, 528 Saline.) The Indians were the only kind of people that I used to associate with when I was little. The Cherokees were the only Indians I knew anything about. My mother’s mother name was Francis Scott. She had a brother John Scott; there was an Abraham Scott but I do not know whether he was a brother. My two uncles’ came out when the Indians were brought here. My daughter’s name is Mary Nixon; Francis Fuller is also my daughter. My name was on time Tittle.

/s/ Sarah Ann Fuller
Signature of Witness

Subscribed and sworn to before me at Silom Springs, Arkansas. This First day of [cannot make out ] /s/ A.S. Monne..

Miller Application No. 3919
Susan Dunhan
Summit, Ind. Ter.

For shares of money appropriated for the Eastern Cherokee Indians by the
Act of Congress approved June 30, 1906, in accordance with the decrees of
the Court of Claims of May18, 1905, and May 28, 1906

INDIAN OFFICES
EASTERN CHEROKEES
Rec. Nov 28 1906

Commissioner of Indian Affairs
Washington D.C.

SIR:

I hereby make application for such share as may be due me of the fund
appropriated by the Act of Congress approved June 30, 1906, in accordance
with the decrees of the Court of Claims of May 18, 1905, and May 28, 1906,
in favor of the Eastern Cherokees. The evidence of identity is herewith
subjoined.

1. State full name
English name: Susan Dunham
Indian name: left blank

2. Residence: Near Summit, Ind. Ter.
3. Town and post office: Summit
4. County: left blank
5. State: Indian Territory
6. Date and place of birth: Born June 17th 1850, in Hamilton County,
Tennessee
7. By what right do you claim to share? If you claim through more than one
relative living in 1851, set forth each claim separately:
I claim through my father, Lewis Tyner, who was the son of
Dempsey Tyner

8. Are you married? Yes
9. Name and age of wife or husband:
My husband's name is Chas. T. Dunham, aged 55.
10. Give names of you father and mother, and your mother's name before
marriage:

Father - English name: Lewis Tyner
Indian name:
Mother - English name: Elizabeth Tyner
Indian Name:
Maiden name: Elizabeth Latta

11. Where were they born?
Father: In Alabama
Mother: In Rome County, Tennessee

12. Where did they reside in 185l, if living at that time?
Father: In Missouri
Mother: Could not read from copy being to light

13. Date of death of your father and mother
Father: May 13th 1876, Mother: Living

14. Were they ever enrolled for annuities, land, or other benefits? If so,
state when and where :
Not that I know of

15. Name all your brothers and sisters, giving ages, and if not living, the
date of death:

NAME BORN DIED

(1)Robert Tyner 1852 Living

(2)James B Tyner 1854 "

(3)Tennessee Tyner 1857 1860

16. State English and Indian names of your, grandparents on both father's
and mother's side, if possible:
FATHER'S SIDE MOTHER'S SIDE

Dempsey Tyner John Latta
Biddy Tyner Fannie

17. Where were they born?
Dempsey Tyner was probably born in Georgia.

18. Where did they reside in 1851, if living at that time?
All dead in 1851

19. Give names of all their children, and residence, if living; if not
living, give dates of deaths:

(1) English name: Jackson Tyner
Indian name:
Residence: Dead
(2) English name: Jesse Tyner
Indian name:
Residence: Dead
(3) English name: Lee Tyner
Indian name:
Residence: Dead
(4) English name: Reuben Tyner
Indian name:
Residence: Dead
(5) English name: Fannie Tyner
Indian name:
Residence: Dead

20. Have you ever been enrolled for annuities, land, or other benefits?If
so, state when and where:
No

21. To expedite identification, claimants should give the full English and
Indian names, if possible, of there paternal and maternal ancestors back to
1835:

I am daughter of Lewis Tyner who was the son of Dempsey Tyner.

REMARKS

(Under this head the applicant may give any additional information that he
believes will assist in proving his claims.)
Note - Answers should be brief but explicit; the words "Yes," "No, "Unknown,
etc., may be used in cases where applicable. Read the questions carefully.

I solemnly swear that the foregoing statements made by me are true to the
best of my knowledge and belief.
Witness to mark: her
Looks Like J W Dunham _ /s/ Susan X Dunham
Looks like Char Dunham mark
Subscribed and sworn to before me this 29th day of Sept. 1906
My commission expires
May 5th 1910 /s/ D N Yaucey [Looks Like]
Notary Public

_______________

AFFIDAVIT

(The following affidavit must be sworn to by two or more witnesses who are
well acquainted with the applicant.)

Personally appeared before me James A Hibbs and Mary Hibbs who. being duly
sworn, on oath depsoe and both say they are well acquainted with Susan
Dunham , who makes the foregoing application and statement and have know her
for 25 years and 50 years respectively, and know her to be the identical
person she represents herself to be, and that the statements made by her
are true, to the best of their knowledge and belief and they have no
interest in her claim.

Witness to Mark Signature of Witness
/s/ James A. Hibbs
/s/ Mary Hibbs

Subscribed and sworn to before me this 9th day of Nov 1906
My Commission expires Nov 9 1910 /s/ M. L. Paden, Notary Public

NOTE - Affidavits should be made, whenever practicable before a notary
public, clerk of the court, or before a person having a seal. If sworn to
before and Indian agent or disbursing agent of the Indian service, it need
not be executed before a notary, etc.

No. 3919 Action: Admitted

Name Susan Dunham and X children . Residence: Summit, Okla.
Reasons: Sister to James B Tyner (3918) and claims from the same sources.

There was a written note attached to the application.

May the 21 1907
Summit I T
Guion Miller [Cannot make out] com

Dear Sir
I have 8 children and they aire all of age and they aire all at home and
please send me application blank for each of the so....

your Sincerely. Susan dunham

No. 3919

EASTERN CHEROKEES SUPPLEMENTAL APPLICATION
OF
Susan Dunham
FOR MINOR CHILDREN

For shares of money appropriated for the Eastern Cherokee Indians by the Act
of Congress approved June 30, 1906, in accordance with the decrees of the
Court of Claims of May18, 1905, and May 28, 1906

COURT OF CLAIMS EASTERN CHEROKEES
Rec. JUN 4 1907
SUPPLEMENTAL APPLICATION FOR MINOR CHILDREN
Special Commissioner of the Court of Claims
601 Ouray Building Washington D.C.
SIR:

I hereby make application for such share as may be due my minor children of
the fund appropriated by the Act of Congress approved June 30, 1906, in
accordance with the decrees of the Court of Claims of May 18, 1905, and May
28, 1906, in favor of the Eastern Cherokees and I ask that this be made
part of my original application No. 3919.

1. State your full name: Susan Dunham
2. Residence and post office: Summit
3. County: Muskogee
4. State: Indian Territory
5. Date and place of birth: Hamilton Co., Tenn. June 17th 1850.
6. Are you married? Yes
7. Name and age of wife or husband: CT. Dunham, aged 56
8. To what tribe of Indians, if any, doe he or she belong? No [Looks like]
9. Names of all your children who were living on May 28, 1906

NAME AGE
BORN

(1) Sarah Bell Reed nee Dunham 35 1871
(2) W??? Henry Dunham 33 1874
(3) James M Dunham 31
1876
(4) Fannie Rice nee Dunham 27 1879
[80 marked out]
(5) John W. Dunham 25
1881
(6) Chas. A. Dunham 24
1882
(7) Marcus L Dunham 22
1884
(8) May Dunham 20
1886

10. Were they ever enrolled for money, annuities, land, or other benefits?
If so, state when and where, and with what tribe of Indians:
No

REMARKS
(Under this head the applicant may give any additional fact which will
assist in proving his claim.)

I solemnly swear that the foregoing statements made by me are true to the
best of my knowledge and belief.
her (Signature) Susan X Dunham

Subscribed and sworn to before me this 1st day of June 1907
/s/ Charles L. Torr
Notary Public.

My commission expires [Cannot Read] 18, 1908

Witnesses to Mark
N. N. Yaucey
G. P. Blackwell

AFFIDAVIT

(The following affidavit must be sworn to by two or more witnesses who are
well acquainted with the applicant.)

Personally appeared before me W. T. Lester and S. H. McDaniel who. being
duly sworn, on oath depsoe and both say they are well acquainted with Susan
Dunham , who makes the foregoing application and statement and have know her
for 12 years and 14 years respectively, and know her to be the identical
person she represents herself to be, and that the statements made by her are
true, to the best of their knowledge and belief and they have no interest in
her claim.

Witness to Mark Signature of Witness
D. N. Yaucey W. T. X Lester
G. P. Blackwell /s/ S. H. McDaniel

Subscribed and sworn to before me this 1st day of June 1907
My Commission expires Nov 18 1908 /s/ Charles L. Torr
Notary Public

No. 40289

EASTERN CHEROKEES

APPLICATION

OF

Jefferson K. Tyner

For shares of money appropriated for the
Eastern Cherokee Indians by the Act of Con-
gress approved June 30, 1906, in accordance
with the decrees of the Court of Claims of May
18, 1905, and May 28, 1906

COURT OF CLAIMS
EASTERN CHEROKEES
Rec. AUG 30 1907

Special Commissioner of the Court of Claims
601 Ouray Building Washington D.C.

SIR:

I hereby make application for such share as may be due me of the fund appropriated by the Act of Congress approved June 30, 1906, in accordance with the decrees of the Court of Claims of May 18, 1905, and May 28, 1906, in favor of the Eastern Cherokees. The evidence of identity is herewith subjoined.
-----------------
NOTE: Answers to all questions should be short, but complete. If you cannot answer, so state.
------------------
1. State full name
English name: Jefferson K. Tyner
Indian name: None

2. Residence and post office: Miles,

3. County: Cherokee Nation

4. State: Indian Territory

5. How old are your? 50 years Born: March 28 1857

6. Where were you born? Missouri

7. Are you married? Yes

8. Name and age of wife or husband: Nancy Tyner age 50 years

9. To what tribe of Indians does he or she belong: Cherokee

10. Name all your children who were living on May 28, 1906, giving their ages:
NAME AGE BORN

(1) Mary Tyner 26 years May 23, 1881
(2) George Tyner 24 years Apr. 10, 1883
(3) James Tyner 22 years Jan. 8, 1885
(4) Janna Tyner 20 years Feb. 9, 1887
(5) Frank Tyner 18 years Dec. 27, 1888
(6) Alice Tyner 15 years May 27, 1892
Carrie Tyner 14 years Sep. 27, 1893
Suella Tyner 11 years Apr. 2, 1896

11. Give names of you father and mother, and your mother's name before
marriage:

Father - English name: Hiram Tyner

Indian name: (Cherokee)

Mother - English name: Martha Tyner

Indian Name: (Cherokee)

Maiden name: Martha Latty

12. Where were they born?

Father: Cherokee Nation, Tenn.

Mother: Cherokee Nation, Tenn.

13. Where did they reside in 185l, if living at that time?

Father: McDonald County, Mo.
Mother: McDonald County, Mo.

14. Date of death of your father and mother
Father: About 1876
Mother: About 1876

15. Were they ever enrolled for money, annuities, land, or other benefits? If
so, state when and where, and with what tribe of Indians:

On none of the rolls of the Cherokee Nation west, but are supposed to be on the emigrant roll of 1851 on other old rolls of the Cherokee Nation East.

16. Name all your brothers and sisters, giving ages, and residence if possible:

NAME BORN DIED
(1) Rheuben Tyner About 1844 About 1871
(2) John Tyner About 1846 Illinois Station, I.T.
(3) Louis Tyner About 1848 Tahlequah, I.T.
(4) Fannie Hair About 1850 Illinois Station, I.T.
(5) Mary Hibbs About 1852 Estella, I.T.
(6) Martha Smith About 1857 Illinois Station, I.T.
Angeline Oar About 1860 Illinois Station, I.T.

17. State English and Indian names of your, grandparents on both
father's and mother's side, if possible:
FATHER'S SIDE MOTHER'S SIDE

Louis and Fannie Tyner John and Martha Latty
nee Scott

18. Where were they born?

Cherokee Nation East

19. Where did they reside in 1851, if living at that time?

Louis Tyner in Missouri, Fannie Tyner in Tenn. John Latty Dead, Martha Latty in Missouri

20. Give names of all their children, and residence, if possible:

(1) John Tyner dead
Polly Hibbs dead
(2) Louis Tyner dead
Jane Seivley dead
(3) Fannie______ dead
(4) Jessee Tyner dead
(5) George Tyner dead
Nancy Latty dead
(6) Sarah Webb dead
Allen Latty dead
Susan _____
Elizabeth Tyner dead
Margaret Latty dead
Jefferson Latty dead

21. Have you ever been enrolled for money, annuities, land, or other benefits?
If so, state when and where, and with what tribe of Indians:

I am not on any of the rolls of the Cherokee Nation on account of not having lived in the Nation.

22. To assist in identification, claimant should give the full English
and Indian names, if possible, of there parents and grandparents
back to 1835:

My Great Grand-father on my Fathers side was Dempsey Tyner a Cherokee interpreter. He died many years ago, perhaps before 1835.

REMARKS
(Under this head the applicant may give any additional facts which will assist in proving his claim.)

My Aunt Sarah Webb appears on some of the rolls of the Cherokee Nation, but she was not recognized as a Cherokee citizen

______________

I solemnly swear that the foregoing statements made by me are true to the best of my knowledge and belief.

(Signature) /s/ Jefferson K Tyner

Subscribed and sworn to before me this 12th day of August 1907

/s/ [cannot make out]
Notary Public
My commission expires
Commission Expires Dec. 4, 1909

_______________

AFFIDAVIT
(The following affidavit must be sworn to by two or more witnesses who are well acquainted with the applicant.)

Personally appeared before me J M Williams
and Mary Tyner [The first name of Nancy was marked out and Mary was written on top] who. being duly sworn, on oath depsoe and say
that they are well acquainted with Jefferson K Tyner ,
who makes the foregoing application and statement and have know for 2 1/2 years and 11 years, respectively, and know him to be the identical person he represents himself to be, and that the statements made by him are true, to the best of their knowledge and belief and they have no interest whatever in his claim.

Witness to Mark Signature of Witness
/s/ J M Williams
/s/ Mary Tyner

Subscribed and sworn to before me this 12th day of August 1907
My Commission expires
Commission Expires Dec., 4 1909 19 /s/ [cannot read signature]
Notary Public

NOTE - Affidavits should be made, whenever practicable before a notary public, clerk of the court, or before a person having a seal. If sworn to before and Indian agent or disbursing agent of the Indian service, it need not be executed before a notary, etc.

No. 40289 Action: ADMITTED

Name Jefferson K. Tyner and 5 children. Residence: Miles, Okla.

Reasons:

Applicant is a cousin to Fannie Cummins #1963
and claims through the same source.

GUION MILLER COMMISSION INDIAN RECORDS
#20425 Miscel.
William Henry Burkett being first duly sworn, deposes and says:
That I am 50 years of age and live on Sand Mountain, near Trenton, GA.
I claim my Indian descent through my mother and her father, John Tyner. My
mother was born and raised in Ray (Rhea) Co. I don't know about my
grandfather. My mother had one-quarter Cherokee blood. My mother was
recognized as a white person. I don't know whether my mother or
grandfather were on any rolls or received any money from the government.
My mother was living with the Indians in Ray Co., Tenn. but she was too
young to take part in their councils. I don't know about my grandfather.
My mother nor my grandfather were ever known by any name than that of
Tyner. My wife is a white woman.
William H. Burkett
Signature of Witness
Subscribed and sworn to before me at Chattanooga, Tenn. this 30th day of
June, 1908.
(Signature not legible)
Ass't to Special Commissioner, Court of Claims
Applicant to all appearances is a white man.
308
*****************************************************
John H. Mulkey, being first duly sworn in behalf of William H.
Burkett, deposes and says:
That I am 54 years of age and reside in Trenton, Ga. I am not
acquainted with the applicant's mother or her parents, and know none of his
ancestors except his uncle on his mother's side, who claimed to be 1/4
Cherokee Indian. This uncle was born and raised in Tenn., the eastern
part, I think. He lived with the Indians as a recognized member of the
tribe, so he told me. He is dead at this time. How I came to be
acquainted with him was that he told me he was going to make some proof and
obtain some land in the Territory. That has been 28 or 30 years ago and he
told me that this station - Tyner Station - took its name from his
grandfather who was chief of the Cherokee Indians. Don't know what his
name was. The only name I knew this uncle by was Sevier Tyner. He never
had any other name. I don't know whether he was on any Indian roll or
whether he ever received any money. He was Indian and white. That's all I
know about him. To the best of my knowledge this applicant's mother was a
sister of Sevier Tyner.
John H. Mulkey
Signature of Witness
Subscribed and sworn to before me at Chattanooga, Tenn. this 22nd day of
June, 1908
_____________________
Ass't to Special Commissioner,Court of Claims.
307
************************************************************
No. 20425 Action: Rejected
Reasons:
It does not appear that applicant or any of his ancestors were ever
enrolled. It does not appear that they were living within the Cherokee
Domain in 1835 - 6 & 1846 as members of the tribe. It does appear that
they were living beyond the domain and were recognized as white people.
Misc. Test. P. 307 - 308 Misc.
affidavits to Guion Miller Commission
************************************************************************

MILLER APPLICATION # 1963

Fannie Cummings nee Tyner

Sequoyah Co., Vian, Oklahoma

FANNIE CUMMINGS OR CUMMINS & 4 children, Vian, Oklahoma.

Admitted. Applicant's grandfather, Lewis Tyner, was enrolled in 1835 in Tennessee. It appears that about 1850 the family moved west, some of them residing in Missouri and some of them in Arkansas. For this reason they were not enrolled, either by Chapman in the East or by Drennen in the West. Several of the younger generation were enrolled as Cherokees and have received allotments, while others have not been so enrolled and allotted, but they are recognized as being of Cherokee Indian descent, and there is no reason why they should not have been allotted if they had made the same effort. The children of Fannie Cummins would be entitled as the descendents of Allen and Wallis Ratley, who are enrolled in Illinois District #74. See testimony of Fannie Cummins, John W. Tyner and Martha Smith taken at Vian, Okla. Mar. 15, 1909.

Misc. Test. P. 3958 and 3959 and 3657.

Commissioner of Indian Affairs

Washington, D.C.

SIR:

I hereby make application for such share as may be due me of the fund appropriated by the Act of Congress approved June 30, 1906 in accordance with the decrees of the Court of Claims of May 18, 1906 and May 28, 1906 in favor of the Eastern Cherokees. The evidence of identity is herewith subjoined.

1. State full Name

English name: Fannie Cummings

Indian name:

2. Residence: Illinois District, Cherokee Nation

3. Town and post office: Vian, Indian Territory

4. County: Northern District

5. State: Indian Territory

6. Date and place of birth: age 45, Logan County, Arkansas

7. By what right do you claim to share? If you claim through more than one relative living in 1851, set forth each claim separately:

As lawful widow of Robert Cummins and as having care and custody of his children Frank, Jesse, Rebecca, & Lewis, also as heirs - on Nancy Roberson as mother of Robert & on Allen Ratley - Robert's grandfather.

8. Are you married? No

9. Name and age of wife or husband:

Robert Cummins - born in 1854, died on July 19, 1901.

10. Give names of your father and mother, and your mother's name before marriage.

Father - English name: Lewis Tyner

Indian name:

Mother - English name: Sarah Jane (white)

Indian name:

Maiden name: Carter

11. Where were they born?

Father born in Tennessee, unknown where mother was born.

12. Where did they reside in 1851, if living at that time?

UNKNOWN

13. Date of death of your father and mother -

Father died about 1883, mother died about 1876.

14. Were they ever enrolled for annuities, land, or other benefits? If so state when and where:

Do not know

15. Name all of your brothers and sisters, giving ages, and if not living, the date of death:

Name Born Died

(1) Stephen about 1882

(2) Lewis

(3) Martha

(4) Jesse

(5)

(6)

16. State English and Indian names of your grandparents on both father's and mother's side if possible:

Fathers Side Mother's side

Lewis Tyner Robert Carter

Anna Tyner unknown

17. Where were they born? Tennessee

18. Where did they reside in 1851, if living at that time?

not known where they were

19. Give names of all their children, and residence, if living; if not living give dates of death:

John Tyner

Jack Tyner

Hiram Tyner

Jim Tyner

Fanny Tyner

Biddy Tyner

Pop Tyner

The above are children of Lewis Tyner.

Other Carter's unknown

20. Have you ever been enrolled of annuities, land or other benefits? If so state what and where:

(Could not read) 1880

21.. To expedite identification, claimants should give the full English and Indian names, if possible, of the paternal and maternal ancestors back to 1835.
The applicant claims to be Cherokee but never recognized as citizen though enrolled in 1880 and claims to be entitled by blood & also by marriage

REMARKS

(Under this head the applicant may give additional information that he believes will assist in proving his claims)

Robert Cummins was a child of Wallace Ratley - in fact - in which case applicants would share in Allen Ratley share the father of Wallace

Note - Answers should be brief but explicit: the words "Yes" "No" "Unknown", etc., may be used in cases where applicable. Read the questions carefully

I solemnly swear that the foregoing statements made by me are true to the best of my knowledge and belief:

Signed: Fannie 'X' Cummins

Signature of Witnesses: Wallace Thornton and William M. Thompson

Subscribed and sworn to before me this 24 day of October 1906.

Signed: J. R. Mayfield, Notary Public

AFFIDAVIT.

(The following affidavit must be sworn to by two or more witnesses who are well acquainted with the applicant;)

Personally appeared before me Wallace Thornton and William M. Thornton who being duly sworn, on oath depose and say they are well acquainted with Fannie Cummins who makes the foregoing application and statements, and have known her for 20 and 20 years respectively, and know her to be the identical person she represents herself to be and that the statements made by her are true, to the best of their knowledge and belief, and they have no interest whatever in her claim.

Signature of witnesses: Wallace Thornton and William M. Thornton

Subscribed and sworn to before me this 24 day of October, 1906

J. R. Mayfield, Public Notary

MISC. TEST. P. # 3959. No. 1963 - Fannie Cummins:

"My name is Fannie Cummins; my post-office is Vian, Okla.; I am about fifty-nine [forty-nine ? - 2nd & 3rd letters typed over] years old; I was born in Arkansas; my father's name was Lewis Tyner and Sarah Jane Tyner was my mother; my mother was not an Indian; my father was born in either Tennessee or Georgia; my grand-father's name was Lewis; my father would be about seventy if he was living now; my father had several brothers, Jess, Jack, Hyram, John and Lewis and he had three sisters, Fannie, Pop Diddie; I do know where my grandfather Lewis was living in 1835; my father was either living in Tennessee or Arkansas in 1851; my father and his youngest brother moved to Arkansas with their mother, while his father and some other children moved into Missouri; my grand-father and his first wife separated and he got another woman; my brother shared in the Cherokee allotment but I did not get in, neither did my sister; I moved to Indian Territory about eighteen seventy-seven; my
bro!
ther came at the same time; my brother got in while my husband would not try for me; my husband is a Cherokee Indian - his name is Robert Cummings; Robert Cummings was the child of Wallace Ratley; Cummings was his step-father and Robert took his name; Jefferson Tyner, Application No. 40289 is my own cousin, he is the son of my father's brother Hyram; I understand that his wife is a Cherokee Indian; Hyram V. Linder, the husband of Fannie B. Linder, application No. 27754 is also a Cherokee Indian; our family has always been recognized here as of Cherokee Blood."

SIGNED: Fannie Cummins, Vian, Oklahoma., March 15, 1909

* * * * *

Testimony given on behalf of Fannie Cummins nee Tyner-(MA # 1963)

No. 28349-1963

Martha Smith, being duly sworn, deposes and says:

"My name is Martha Smith; my post office is Campbell, Oklahoma. I am about 52 years old. I was born in Missouri. My father's name was Hyram, he was born in Tennessee. He was born in 1822-1823. He left Tennessee about 1850 and moved to Missouri. Hyram's father was named Lewis Tyner. His father came with him to Missouri. I make my claim only through him. I never heard my father say that he was enrolled but I have heard him say that he was a Cherokee. I knew my grandfather, Lewis. I have never been enrolled as a Cherokee. I first came to Indian Territory about 1876, I went back to Arkansas and then came back here about 1886-86. I have a daughter, Lizzie, 22, her name now is Lonie, she lived about 3 miles from Campbell. She has been married four years the 26th of last month. My daughter, Minnie will be 22 years old this month. She is not married and is living at home with me. I have a son, Rufus, who is 17, John who is 15. I have never been with any other tribe than the Cherokee
!
Indians. I do not know why my father, Hyram was not enrolled with the Cherokees.

Signed: Martha Smith

Subscribed and sworn to before me this 15th day of March, 1909 at Vian, Oklahoma

Signed: Guion Miller, Special Commissioner of U. S. Court of Claims

* * * * * * * *

Testimony given on behalf of Fannie Cummins nee Tyner-(MA # 1963)

No. 21836

John W. Tyner, being duly sworn, deposes and says;

"My name is John W. Tyner, my post office is Campbell, Oklahoma. I am about 62 years old. I was born in Hamilton County, Tennessee. I am the son of Hyram Tyner and his father was named Lewis Tyner. My father left Tennessee with my grandfather in 1850 or 1851 and reached McDonald County, Missouri, Christmas day of 1851. I am enrolled by the Dawes Commission and have received an allotment of land. My father was about 12 or 13 years old in 1835. I have always heard my father and grandfather speak of being of Cherokee blood. I and the other members of my family were enrolled as Cherokees by order of the United States Court.

Signed: John W. Tyner

Subscribed and sworn to before me this 15th day of March 1909 at Vian, Oklahoma

Signed: Guion Miller, Special Commissioner of U. S. Court of Claims

* * * * * * * * *

LETTER ATTACHED TO MILLER APPLICATION # 1964

Vian, Oklahoma

June 30, 1908

Hon. Guion Miller

Special Agent, Court of Claims

Sir:

Now at this late date in reply to notice of December 6, 1907, in application No. 1963-

My oldest child is Maggie Brown nee Cummins, age 26, born October 1882.

Evans Cummins, age 24, born September 1883.

Francis Marion Cummins, age 20, born September 1887.

Jesse Cummins, age 17, born January 1890.

Rebecca Cummins, age 14, born March 26, 1893.

Lewis Cummins, age 10, born 1898

Nancy Jane Cummins, deceased, born in 1880 and died at age of 8 months.

My father was Lewis Tyner a half-breed Cherokee Indian and I am Eastern or Emigrant Cherokee Indian. He died in 1881 as near as I can recall, was born in Tennessee-as to his having ever being enrolled there or here I am unable to say-my mother was while-

Lewis Tyner my father (town brother?) of Alluwee, Oklahoma. I can cite and refer to as the fact of my Indian blood and rights to share in the Emigrant fund now-applied for me, my husband, Robert Cummins was born in 1854 and to the best of my knowledge belief and understanding he drew-Cherokee money at each and every payment made since then. His father's name I have understood was John Cummins in English. Der-nah-ee or Ter-nah-ee or Tah-nah-ee or *(Spelled in Cherokee) in the Cherokee language.

His mother's name I never learned-my husband was a Cherokee Indian never recognized as or enrolled or lived with any other tribe of Indians.

My age is 49 born in 1859. I do claim share in the emigrant fund in my own right as descendant of an Eastern Cherokee Indian, as the Court of Claims has decided as I understand.

My father had one brother named Hiram Tyner, another died about the year 1875-he has a son living named John Tyner, his post office is Campbell, Oklahoma, and he is much older than myself, and is a recognized Eastern or emigrant Cherokee Indian, he is an own cousin of mine.

My father had another brother named Jack and one named Jesse.

Robert Cummins' mother, I saw her only a short time, she died about 3 weeks after I married Robert.TY

See my application in this case as made October 24, 1906, and therein find name of Nancy Roberson or Robertson, as to her name as enrolled at any time and in what may I am unable to say-

History of Mr. Cummins, my husband's family or ancestors is to me an impossibility except as far as I have stated. Should said his case or that of my own need and require further investigation, I ask to be so advised.

Respectfully,

Fannie Cummins by John L. Springston

In case further information as to history of Cummins family ancestry can be had same will be filed as soon as obtained.

J. L. Springston, for applicant

*Transcriber Notes
***Transcribed by Catherine Widener

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