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Blundell v. Wallace, 267 U.S. 373 (1925)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Blundell v. Wallace, 267 U.S. 373 (1925)
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Blundell v. Wallace No. 276 Argued January 29, 1925 Decided March 2, 1925 267 U.S. 373
ERROR TO THE SUPREME COURT
OF THE STATE OF OKLAHOMA
Syllabus
1. Section 23 of the Act of April 26, 1906, disposing of the affairs of the Five Civilized Tribes, which provides:
Every person of lawful age and sound mind may by last will and testament devise and bequeath all of his estate, real and personal, and all interest therein,
was intended (save the proviso limiting full-bloods) to enable the Indian to dispose of his estate by will on the same footing as any other citizen, notwithstanding restrictions previously imposed against alienation of allotments (e.g., by Choctaw-Chickasaw Supplemental Agreement, July 1, 1902, §§ 12 and 16), leaving the regulatory local law of wills free to operate as in the case of other persons and property. P. 375.
2. Hence, the will of a married half-blood Choctaw woman devising her homestead and surplus allotments is subject to the provision of the Oklahoma law (Rev.L.1910, § 8341) forbidding any woman while married to "bequeath more than two-thirds of her property away from her husband." Id.
96 Okla. 26 affirmed.
Error to a decree of the Supreme Court of Oklahoma which affirmed a decree in favor of the plaintiff, Wallace, in his suit to quiet title to an interest in certain Choctaw Indian allotments.
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Chicago: U.S. Supreme Court, "Syllabus," Blundell v. Wallace, 267 U.S. 373 (1925) in 267 U.S. 373 267 U.S. 374. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=BYBZQPJEH6L2IEL.
MLA: U.S. Supreme Court. "Syllabus." Blundell v. Wallace, 267 U.S. 373 (1925), in 267 U.S. 373, page 267 U.S. 374. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=BYBZQPJEH6L2IEL.
Harvard: U.S. Supreme Court, 'Syllabus' in Blundell v. Wallace, 267 U.S. 373 (1925). cited in 1925, 267 U.S. 373, pp.267 U.S. 374. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=BYBZQPJEH6L2IEL.
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