MILLER APPLICATION # 3295

Ellen Byers nee Miller
Adair Co., Stilwell, Oklahoma

Admitted.
Sister of Rufus Miller, MA # 163.

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- Ellen Byers *(Mary Ellen Byers nee Miller)
Indian Name- none

2.Residence- Flint District, Cherokee Nation
3. Town and Post Office- Stilwell
4. County- District
5. State- Indian Territory

6. Date and Place of Birth- Flint District, Cherokee Nation

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:
Alfred Miller, father. Nancy Miller, mother. Jessie Brewer, grandfather. Nancy Brewer, Aunt. William Brewer, uncle. Samuel Brewer, uncle. Pos Brewer, uncle. James Brewer, uncle. Elias Cook, cousin and for myself.

8. Are you married? YES

9. Name and age of wife or husband
- Nick Byers, about 80 years. *(MA # 920)

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

Father- English name- Alfred Miller
Indian name- Oo-yo-so-wat

Mother- English name- Nancy Miller
Indian name- Nancy
Maiden name- Nancy Brewer

11. Where were they born?
Both parents born in Old Cherokee Nation, Georgia, I think

12. Where did they reside in 1851, if living at that time.
IN THE CHEROKEE NATION.

13. Date of death of your father and mother?
Father died March 9, 1901 and mother died August 26, 1879.

14. Were they ever enrolled for annuities, land, or other benefits? If so, state when and where-
Yes, all the rolls of the Cherokee since 1840.

15. Name all your brothers and sisters, giving ages, and if not living, give date of death-
Lucinda, William. Martha, Rufus, John W., Catherine, and Cornelius.

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

Father's side- George W. Miller (GF), nothing for grandmother
Mother's side- Jesse Brewer (GF), nothing for grandmother

17. Where were they born?
In the Old Cherokee Nation East of the Mississippi River.

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

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

1. English name- Louis Miller, Warren Miller, Alfred Miller (Oo-yo-so-wot)
Indian name- don't know
Residence- Cherokee Nation

2. English name- Polly Miller, Nancy Miller
Indian name- don't know
Residence- Cherokee Nation

3. English name- Nancy Brewer, William Brewer, Samuel Brewer
Indian name- don't know
Residence- Cherokee Nation

4. English name- James Brewer, Pos Brewer
Indian name-don't know
Residence- Cherokee Nation

5. English name- Ike Brewer
Indian name- don't know
Residence- Cherokee Nation

3. Have you ever been enrolled for annuities, land, or other benefits? If so, state when and where-
Yes, In the Cherokee Nation-1883, 1886, 1891, 1894, 1851.

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).

I do not know the dates of the deaths of any of my aunts or uncles on either side. I don't know the names of our grandparents, but you will find them on the roll of 1851.

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: Ellen 'X' Byers

Subscribed and sworn to before me this 17th day of November 1906.

Signed: Hugh M. Adair, 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 Andrew Alberty and Samuel Adair, who
being duly sworn, on oath depose and say that they are well acquainted with Ellen Byers, who makes the foregoing application and statements, and have known her for 40 years and 35 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.

Witnesses Signatures: Andrew Alberty and Samuel Adair

Subscribed and sworn to before me on this 17th day of November 1906.

Signed: Hugh M. Adair, Notary public

Drennen Roll Group # 127
Jesse Brewer
James Brewer
Isaac Brewer

*James Brewer signed for Jesse Brewers' emigrant money. Jesse Brewer must have died about 1852.

*Drennen Roll Group # 398-Goingsnake District
Alfred Miller
Nancy Miller
Martha Miller
Lucinda Miller
Ellen Miller
William Miller
Rufus Miller

*Drennen Roll Group # 399-Goingsnake District
Mary Miller (not included)
Ellen Byers nee Miller, listed as ¾ Cherokee

1880 Cherokee Census # 234-Flint District as Mary Byers-31 yrs.

1896 Census Roll # 161-Flint District

Dawes Roll # 2066, Census Card # 743 as Ellen Byers-Flint District-Evansville, Ark.

*Transcriber notes

Transcribed by Catherine Widener, 2003