98 Neb. 813 | Neb. | 1915
The act of congress which provided for the allotment of lands in severalty to the Omaha tribe of Indians provided: “That upon the approval of allotments provided for in the preceding section by the Secretary of the Interior, he shall cause patents to issue therefor in the name of the allottees, which patents shall be of the legal'effect and declare that the United States does and will hold the land thus allotted for the period of twenty-five years in trust for the sole use and benefit of the Indians to whom such allotment shall have been made, or in case of his decease, of his heirs according to the laws of the state of Nebraska, and that at the expiration of said period the United States will convey the same by patent to said Indian or his heirs as aforesaid, in fee discharged of said trust and free of all charge or incumbrance whatsoever. And if any convey
Afterwards, in 1910, congress enacted: “That any Indian of the age of 21 years, or over, to whom an allotment of land has been or may hereafter be made, shall have the right, prior to the expiration of the trust period and before the issue of a fee simple patent, to dispose of such allotment by will, in accordance with rules 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 Commissioner of Indian Affairs and the Secretary of the Interior.” 36 U. S. St. at Large, pt. 1, p. 856, sec. 2.
A tract of land was allotted to one Benjamin Moore, who under the act of congress, and afterwards pursuant to the subsequent act of congress above quoted, duly executed his will, whereby he devised his interest in a part of the tract of land to his wife and his interest in another part thereof to his nephew and niece. Soon afterwards he died, leaving no children, but leaving a brother, this plaintiff. The plaintiff began this action in the district court for Thurston county, claiming the land as the sole heir of his deceased brother. A general demurrer to his petition was sustained and his action dismissed, and he has appealed to this court. The appellant presents two questions for our consideration:
The judgment of the district court is
Affirmed.