INDIAN AFFAIRS: LAWS AND TREATIES

Vol. III, Laws     (Compiled to December 1, 1913)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1913.


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ACTS OF SIXTY-SECOND CONGRESS—THIRD SESSION, 19013.
CHAP. 37 | CHAP. 44 | CHAP. 54 | CHAP. 55 | CHAP. 59 | CHAP. 149 | CHAP. 152 | CHAP. 153 | J.R. No. 13

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Chapter 55
Section 2

Margin Notes
Chap. 55 Indian trust allotments, etc.
    36 Stat., 856, amended.
    Ante, p. 476.
Sec. 2 Disposal of restricted allotment, trust moneys, etc., by will.
Sec. 2 Provisos. Approval required.
Sec. 2 Action of the Secretary of the Interior.
    37 Stat., 678.
Sec. 2 Trust, etc., period continued.
Sec. 2 Termination.
Sec. 2 Not applicable to Five Civilized Tribes or Osages.

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Chapter 55
    Feb. 14, 1913. [H. R. 1332.] | [Public, No. 381.] 37 Stat., 678.
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An act regulating Indian allotments disposed of by will.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section two of an act entitled “An act to provide for determining the heirs of deceased Indians, for the disposition and sale of allotments of deceased Indians, for the leasing of allotments, and for other purposes,” approved June twenty-fifth, nineteen hundred and ten, be amended to read as follows:

“SEC. 2

That any persons of the age of twenty-one years 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 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

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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 hereby 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 thereform, 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 sections one and two of this act shall not apply to the Five Civilized Tribes or the Osage Indians.” 1


130 Opp. Atty. Gen., May 3, 1913.

Approved, February 14, 1913.


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