Blanset v. Cardin, 256 U.S. 319 (1921)

Blanset v. Cardin


No. 244


Argued April 20, 1921
Decided May 16, 1921
256 U.S. 319

APPEAL FROM THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT

Syllabus

1. The transmission of restricted Indian allotments by will is governed by the Act of June 25, 1910, c. 431, § 2, 36 Stat. 856, amended February 14, 1913, c. 55, 37 Stat. 678, and the regulations thereunder prescribed by the Secretary of the Interior. P. 323.

2. Oklahoma Code, § 8341, providing that no woman while married shall devise ("bequeath") more than two-thirds of her property away from her husband, does not affect a will made by a Quapaw woman and approved by the Secretary after her death, so devising her restricted land. P. 322.

261 F. 309 affirmed.

This was a suit in the district court of the Eastern District of Oklahoma, brought by the present appellant, to assert an interest in land, claimed by him as heir of his wife, and by the defendants as devisees in her will. The district court dismissed the bill, and the circuit court of appeals affirmed the decree. The facts are stated in the opinion.