Disposal by will of allotments held under trust
United States Code
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How this statute sits in the citation network, derived from CiteLaw's graph of published opinions.
★Highly CitedTop 5% most-cited · cited by 35 decisions
35
Citing decisions
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Courts citing
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Courts citing this statute
Most recently cited by10
- 2015Public Service Co. v. Approximately 15.49 Acres of Land D.N.M.
- 2011Wapato Heritage LLC v. Evans 9th Cir.
- 2008Lyons v. Estate of Romero 9th Cir.
- 2002Estate of Lande Mont.
- 1997Babbitt v. Youpee U.S.
- 1992Crawley v. United States ex rel. Lujan 10th Cir.
- 1991Sankey v. United States Cl. Ct.
- 1989Akers v. Hodel 10th Cir.
- 1988Ducheneaux v. Secretary of the Interior 8th Cir.
- 1988Bowechop v. Bowechop Wash. Ct. App.
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Text
Any persons of the age of eighteen years or older having any right, title, or interest in any allotment held under trust or other patent containing restrictions on alienation or individual Indian moneys or other property held in trust by the United States shall have the right prior to the expiration of the trust or restrictive period, and before the issuance of a fee simple patent or the removal of restrictions, to dispose of such property by will, in accordance with the Indian Land Consolidation Act [25 U.S.C. 2201 et seq.] or a tribal probate code approved under such Act and regulations to be prescribed by the Secretary of the Interior: Provided, however, That no will so executed shall be valid or have any force or effect unless and until it shall have been approved by the Secretary of the Interior: Provided further, That the Secretary of the Interior may approve or disapprove the will either before or after the death of the testator, and in case where a will has been approved and it is subsequently discovered that there has been fraud in connection with the execution or procurement of the will the Secretary of the Interior is authorized within one year after the death of the testator to cancel the approval of the will, and the property of the testator shall thereupon descend or be distributed in accordance with the laws of the State wherein the property is located: Provided further, That the approval of the will and the death of the testator shall not operate to terminate the trust or restrictive period, but the Secretary of the Interior may, in his discretion, cause the lands to be sold and the money derived therefrom, or so much thereof as may be necessary, used for the benefit of the heir or heirs entitled thereto, remove the restrictions, or cause patent in fee to be issued to the devisee or devisees, and pay the moneys to the legatee or legatees either in whole or in part from time to time as he may deem advisable, or use it for their benefit: Provided also, That this section and section 372 of this title shall not apply to the Five Civilized Tribes or the Osage Indians. (Source: (June 25, 1910, ch. 431, § 2, 36 Stat. 856; Feb. 14, 1913, ch. 55, 37 Stat. 678; Pub. L. 100–153, § 2, Nov. 5, 1987, 101 Stat. 886; Pub. L. 106–462, title I, § 106(b)(2), Nov. 7, 2000, 114 Stat. 2007.))