Digest of Federal Indian Probate LawDepartment of the Interior, Office of Hearings and Appeals, Interior Board of Indian Appeals, 1972 - 157 páginas |
Dentro del libro
Resultados 1-5 de 31
Página 6
... granting approval to the will of a deceased Osage Indian will be dismissed where the appellants failed to serve notice upon the adverse party at the same time they filed with the superintendent their notice of intention to appeal ...
... granting approval to the will of a deceased Osage Indian will be dismissed where the appellants failed to serve notice upon the adverse party at the same time they filed with the superintendent their notice of intention to appeal ...
Página 44
... granting or refusal to grant a continuance is a matter within the sound discretion of the Examiner and his decision will not be interefered with except upon a clear showing of abuse of this discretion , and the unexplained absence of a ...
... granting or refusal to grant a continuance is a matter within the sound discretion of the Examiner and his decision will not be interefered with except upon a clear showing of abuse of this discretion , and the unexplained absence of a ...
Página 50
... granted an appellant who contests the validity of an Osage will on the ground the decedent was not validly married to a person named as wife in the will where extensive evidence on the point has been presented at the hearing on the will ...
... granted an appellant who contests the validity of an Osage will on the ground the decedent was not validly married to a person named as wife in the will where extensive evidence on the point has been presented at the hearing on the will ...
Página 61
... granted an extension of time in which to file an amendment to a petition to rehear to show excusable neglect or plead for additional time before the granted exten- sion of time expires to avoid the entering of his default .-- Estate of ...
... granted an extension of time in which to file an amendment to a petition to rehear to show excusable neglect or plead for additional time before the granted exten- sion of time expires to avoid the entering of his default .-- Estate of ...
Página 62
... granted must contain an adequate basis for the reconsideration such as newly discovered evidence or fraud .-- Estate of Ute , IA - 143 ( Supp . ) ( August 25 , 1955 ) . [ Same case as IA - 143 ( April 1 , 1955 ) . ] REHEARING 370.0 ...
... granted must contain an adequate basis for the reconsideration such as newly discovered evidence or fraud .-- Estate of Ute , IA - 143 ( Supp . ) ( August 25 , 1955 ) . [ Same case as IA - 143 ( April 1 , 1955 ) . ] REHEARING 370.0 ...
Términos y frases comunes
10th Cir Act of June administrative adopted allotment Allottee applicable approval April April 21 attesting witnesses attorney August authority beneficiary Board of Indian Bureau of Indian child claim deceased Indian decedent decedent's December December 17 decision denied determine the heirs devise disapproval Eagle evidence Examiner of Inheritance Examiner's executed February February 14 fees filed Five Civilized Tribes Hawk Hearing Examiner Hearings and Appeals heirship IBIA Indian Affairs Indian Appeals Indian custom Indian probate proceedings Interior intestate issue July July 15 July 20 June 25 jurisdiction lands March marriage notice November November 21 Office of Hearings Okla party in interest person petition for rehearing petition to reopen record regulations Rogers C. B. Morton Secretary Sept September September 21 September 9 Solicitor's Opinion Stat Superintendent Supp testamentary capacity testator's testatrix testimony tribe trust or restricted trust property U.S. District Court Unallotted undue influence will.--Estate Woman Yakima
Pasajes populares
Página 117 - ... the United States does and will hold the land thus allotted, for the period of twenty-five years, in trust...
Página 119 - That when any Indian to whom an allotment of land has been made, or may hereafter be made, dies before the expiration of the trust period and before the issuance of a fee simple patent, without having made a will disposing of said allotment as hereinafter provided, the Secretary of the Interior, upon notice and hearing, under such rules as he may prescribe, shall ascertain the legal heirs of such decedent, and his decision thereon shall be final and conclusive.
Página 16 - All decisions, including initial, recommended, and tentative decisions, are a part of the record and shall include a statement of— (A) findings and conclusions, and the reasons or basis therefor, on all the material issues of fact, law, or discretion presented on the record; and (B) the appropriate rule, order, sanction, relief, or denial thereof.
Página 124 - ... the allottee or upon the executor, administrator, guardian, or other person in charge of the estate of the allottee and his surety, as the county court shall determine. Every bond of the executor, administrator, guardian, or other person in charge of the estate of any Osage allottee shall be subject to the provisions of this section and shall contain therein a reference hereto: Provided, That no guardian shall be appointed for a minor whose parents are living, unless the estate of said minor...
Página 149 - ... any person claiming an interest in the estate who had no actual notice of the original proceedings and who was not on the reservation or otherwise in the vicinity at any time while the public notices of the hearing were posted may petition in writing for reopening of the case.
Página 118 - And if any religious society or other organization is now occupying any of the public lands to which this act is applicable, for religious or educational work among the Indians, the Secretary of the Interior is hereby authorized to confirm such occupation to such society or organization, in quantity not exceeding one hundred and sixty acres in any one tract, so long as the same shall be so occupied, on such terms as he shall deem just ; but nothing herein contained shall change or alter any claim...
Página 117 - 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 Indian to whom such allotment shall have been made, or, in case of his decease, of his heirs according to the laws of the State or Territory where such land is located, 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...
Página 131 - Commission, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or...
Página 120 - 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...
Página 122 - That hereafter no land of any Indian reservation, created or set apart by treaty or agreement with the Indians, Act of Congress, Executive order, purchase, or otherwise, shall be allotted in severalty to any Indian.