Bird, Nellie nee Simmons

Miller Application # 13289

Nellie Bird nee Simmons
Sequoyah Co., Marble, Oklahoma

Rejected.

It does not appear that ancestors of applicant were parties to treaties of 1835-6 and 1846. Applicant testified that both she and her mother drew Old Settler money. Applicant could not give any information as to her father. One child claimed for by this applicant has been admitted with it's father, No. 42532 (James Chuculate b. 1883) and the other child claimed for has been admitted with No. 32915 (Andrew Bird b. 1887, with son Andrew Bird Jr.) See Misc. Test. P. 2945.

Commissioner of Indian Affairs
Washington, D. C.

Sir:
I hereby make application for such share as me 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- Nellie Bird
Indian Name- Che-yo-gar

2. Residence- Sequoyah District, Cherokee Nation

3.. Town and Post Office- Marble

4.. County- Cherokee Nation

5.. State- Indian Territory

6.. Date and Place of Birth- Illinois District, Cherokee Nation age
19 yrs.

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:
On Sam Simmon as my grandfather, on Rachel as my grandmother.

8.. Are you married? YES

9.. Name and age of wife or husband- Andrew Bird, age 19

10.. Give names of your father and mother, and your mother's name
before marriage-
Father- English name- Lewis Simmon
Indian name- Lew-ye

Mother- English name- Lizzie Simmon, Old Settler
Indian name- Liz-zie
Maiden name- Chu-wo-cha-gar or Smith, Old Settler

11.. Where were they born?
Both parents born in Illinois District, Cherokee Nation.

12.. Where did they reside in 1851, if living at that time
Both parents born after 1851.

13.. Date of death of your father and mother?
Father died about 1888, mother still living.

14.. Were they ever enrolled for annuities, land, or other benefits?
If so, state when and where-
Father- 1880, 1883, 1886 Cherokee Nation.

Mother- 1880, 1883, 1886, 1894 Cherokee Nation.

15.. Name all your brothers and sisters, giving ages, and if not
living, give date of death-
James Vann (1/2 brother) 21 years d. living

16.. State English and Indian name of your grandparents on both
father's and mother's side, if possible-
Father's side-

Sam 'Sar-me' Simmon and Rachel 'Lay-ge-ly' Simmon

Mother's side-

Smith 'Chu-wo-cha-gar', Old Settler

17.. Where were they born? CHEROKEE NATION EAST

18.. Where did they reside in 1851, if living at that time? ILLINOIS
DISTRICT, CHEROKEE NATION

19.. Give names of all their children, and residence, if living; if
not living, give dates of deaths
1.. English name- Lewis Simmon, died about 1888
Indian name- Lew-ye
Residence- Illinois District, Cherokee Nation

2.. English name- Lamey Simmon, died about 1886
Indian name- 'La-mey'
Residence- Unknown for certain in Sequoyah or Illinois District

3.. Have you ever been enrolled for annuities, land, or other
benefits? If so, state when and where-
1894 Cherokee Nation

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

REMARKS

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

Note: Answers should be brief but explicit: the words 'yes' , 'no', and 'unknown' 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:

Subscribed and sworn to before me this

Signed: 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 , who being duly sworn, on oath depose and say that they are well acquainted with , who makes the foregoing application and statements, and have known for years and years, respectively, and know to be the identical person represents to be, and that the statements made by are true, to the best of their knowledge and belief, and they have no interest whatever in claim.

Witnesses Signatures:

Subscribed and sworn to before me on this

Supplemental Application for Minor Children

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

Sirs,
I hereby make application for such share as may be due my minor children of the fund appropriated by the Act of Congress June 30, 1906, in accordance with the decree of the Court of Claims of May 18, 1905, and May 28, 1906, if favor of the Eastern Cherokee, and I ask that this be made part of my original application

No. 13289

1.. State you full name: Nellie Bird
2.. Residence and post office: 2 miles NE of Marble, P.O. Marble, IT
3.. County: Cherokee Nation
4.. State: Indian Territory
5.. Date and place of birth: Illinois District, Cherokee Nation June 12, 1887
6.. Are you married? YES
7.. Name and age of wife or husband: Andrew Bird (MA # 32915) age 20
8.. To what tribe of Indians, if any, does he or she belong? CHEROKEE
9.. Names of all your children who were living on May 28, 1906:
1. Cynthia Chuculate 4 years b. December 27, 1902 or 1903

This child, above, enrolled with MA # 42532, James Chuculate,
Hubbard, Ok., son of Daniel of Salisaw, brother of Eli and George)

2. Andy Bird 16 months b. April 20, 1906

This child, above, admitted with father, app. # 32915, Andrew Bird
Sr.)

10.. Where they ever enrolled for money, annuities, land, or other
benefits? If so state when and were and with what tribe of Indians.
Yes, 1906 Cherokee Nation, Cherokee

REMARKS

(Under this head the applicant may give any additional facts 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.

Signed: Nellie 'X' Bird

Subscribed and sworn to before me this 6th day of August 1907.

LETTER ATTACHED TO MILLER APPLICATION # 13289

February 11, 1908
Nellie Bird
Marble, Oklahoma

Madam:

You have on file in this office application # 13289 for a share of the
money appropriated for the Eastern Cherokee Indians, in which you state that you claim through your father, Lewis Simmons, your grandfather, Sam Simons, and your grandmother, Rachel Simons. The name of Samuel Simmons, of that of your grandmother, Rachel Simmons, does not appear upon the roll of 1851. As your father was not born until after 1851, he was not enrolled, of course. Please inform this office in what district your grandparents on your father's side were residing in 1851 and in what county they were enrolled. Did they have any children who were born prior to 1851-this is, full brothers and sisters or your father? If so, give their names and state whether or not they were enrolled in18151. Have you any aunts and uncles on your father's side now living who have filed applications in this office? If so, please give their names and the numbers of their applications.

Respectfully,

Chief Clerk

LETTER ATTACHED TO MILLER APPLICATION # 13289

Nellie Bird, after being first duly sworn, deposes and says:

"I drew Old Settler money once. My mother drew Old Setter money. My mother is still living. I do not know if she has made application for any of this money. My father was not born at the time of the payment. I never saw my grandmother Rachel.

Nellie Bird

Subscribed and sworn to before me at Salisaw, Oklahoma, this 19th day of September 1908.

Signed: H. W. Ketron,
Assist. to Special Commissioner of the Court of Claims

This applicant can give no additional information concerning her
ancestors.

Nellie Bird listed as full blood Cherokee

1896 Census Roll # 2279-Illinois District as Sallie 'Yellowbird'

Dawes Roll # 25767, Census Card # 8311 as Nellie Bearpaw-Illinois
District-Vian, IT

Old Settlers Roll # 231-Canadian District

Choo-wah-chucker
Susanna
War-ny-nor-hee

Submitted by Catherine Widener