No. 1798         Action:   Rejected

Name Biddy Hart  and   5   children
Residence: Weasel, NC
Remark: Sizemore Case [E]

Commissioner of Indian Affairs,
Washington, D.C.
SIR:
        I hereby make application for such shares 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:   Biddy Hart   
       Indian Name:                       
2. Residence:                             
3. Town and post office:   Weasel  
4. County:   Ashe  
5. State:   North Carolina  
6. Date and place of birth:   Ashe Co. N.C.  born 1869
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:   By cherokee Indian blood through my father Stephen Hart and by virtue of the Decree of the Supreme court of the United States of April 30^th 1906 
8. Are you married?   No  
9. Name and age of wife or husband:                       
10. Give names of your father and mother and your mother's name before marriage.
        Father—English Name:   Stephen Hart  
    
    Indian Name:                         
        Mother—English Name:   Celia Hart  
    Indian Name:                       
    Maiden Name:   Celia Blevins  
11. Where were they born?
        Father:   Ashe Co N.C.  
        Mother:   Ashe Co N.C.  
12. Where did they reside in 1851, if living at that time?
        Father:   Ashe Co N.C.  
        Mother:   Ashe Co N.C.  
13. Date of death of your father and mother–
        Father:   March 21, 1906        Mother:   Living  

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14. Were they ever enrolled for annuities, land, or other benefits? If so, state when and where.   No  
15. Name all your brothers and sisters, giving ages, and if not living, the date of death:
    

    Name	Born		Died
    (1)    John Hart	1871		Living
    (2)    Irra Hart	1881		"
    (3)    James Hart	1873		"
    (4)    Wells Hart	1878		"

16. State English and Indian names of your grandparents on both father's and mother's side, if possible.
    
    [no Indian names]

    Father's side		Mother's side
    John Hart		Nancy ?????
    		Wells Blevins
    Nancy Hart		Elizabeth Blevins

17. Where were they born?    Ashe Co N.C.  
18. Where did they reside in 1851, if living at that time?  Ashe Co N.C.
19. Give names of all their children and residence, if living; if not living, give dates of deaths: [gave dates of birth]
    
    (1)  English name    James Hart    1824    Dead  
    Indian Name                       
    Residence  North Carolina
    (2)  English name    Margarett Hart    1826    Dead  
    Indian English Name  Catherine Hart  1829  Living
    Residence  North Carolina
    (3)  English name    Riley Hart    1831    Dead  
    Indian Name                       
    Residence  North Carolina
    (4)  English name    William Hart    1838    Dead  
    Indian Name                       
    Residence  North Carolina
    (5)  English name    Joseph Hart    1840    Dead  
    Indian Name                       
    Residence  North Carolina
20. Have you ever been enrolled for annuities, land, or other benefits ? If so, state when and where:
    On roll prepared by W. H. Blevins and filed by R. V. Belt attny in the office of Indian Affairs Nov 25" 1902

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21. To expedite identification, claimants should give the full English and Indian names, if possible, of their paternal and maternal ancestors back to 1835:  Biddy Hart a daughter of Stephen Hart a son of John Hart a son of James and Catherine Hart whoose maiden name was Catherine Sizemore a daughter of Ned Sizemore a full blooded Cherokee Indian .  

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

By the decree of the Supreme Court of the United States of April 30, 1906   Eastern Cherokee Indians who have become Citizens are to share equal Per Capita with the Eastern Cherokees of N.C. in the funds.   I accept that decree and ask enrollment.

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

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

Personally appeared before me  G.W. Finley   and   John Wiles  , who being duly sworn, on oath depose and say that they are well acquainted with   Biddy Hart   who makes the foregoing application and statement, and have known   her   for   20   years 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 beliefs, and they have no interest whatever in   this   claim.

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 decree 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.   1798  

1. State your full name:   Biddy Hart  
2. Residence and post office:   Weasel N.C.  
3. County:    Ashe   
4. State:     N.C.    
5. Date and place of birth:   Bornd in 1871 in Ashe co N.C.  
6. Are you married?      No    
7. Name and age of wife or husband:                      
8. To what tribe of Indians, if any, does he or she belong?      Eastern Cherokees    
9. Names of all your children who were living on May 28, 1906:

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 information that he believes will assist in proving his claims.)
[no remarks]

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

Personally appeared before me  Samuel Miller   and   Harvey Clark  , who being duly sworn, on oath depose and say that they are well acquainted with   Biddy Hart   who makes the foregoing application and statement, and have known   her   for   20   years and   20   years, respectively and know her to be the identical person   She   represents   herself   to be, and that on May 28, 1906,   She  had the children living as above set forth, and that the statements made by   her   are true,  and they have no interest whatever in   her   claim.