Armstrong v. Wood

Citations

• 195 F. 137
• 1911 U.S. App. LEXIS 5452

Syllabus

<p>1. Indians (§ 18*)—Lands—Descent of Lands of Deceased Aeeottee—Construction of Creek Agreement.</p> <p>In section 6 of the supplemental Creek agreement (Act June 30, 1902,. c. 1323, 32 Stat. 501), which provides that the descent and distribution of land and money provided for by Act March 3, 1901, c. 676, 31 Stat. 861. shall be in accordance with sections 2522-2545, Mansf. Dig. (sections 1820-1843 Ind. T. Ann. St. 1899), then in force in the Indian Territory,instead of in accordance with the laws of the Creek Nation as provided in such act, “provided, that only citizens of the Creek Nation, male and! female, and their Creek descendants shall inherit lands of the Creek Nation,” the proviso was intended to apply only to unallotted lands, which alone were “lands of the Creek Nation,” and to govern the descent or distribution of such lands among the heirs of members of tbe tribe entitled to share therein, hut who died without having received their allotments, and does not apply to lands of an allottee who died after receiving his or her allotment which pass by inheritance as the individual property of the allottee under the provisions of said Arkansas statute.</p> <p>[Ed. Note.—For other cases, see Indians, Cent. Dig, § 49; Dec. Dig. § 18.*]</p> <p>2. Curtesy (§ 1*)—Nature of Estate.</p> <p>Curtesy is the estate to which by common law a man is entitled on the death of his wife in the lands or tenements of which she was seised in possession in fee simple or in tail during their coverture, provided they had lawful issue bom alive which might have been capable of inheriting the estate, and it attaches to the wife’s equitable as well as her legal estates of inheritance.</p> <p>[Ed. Note.—For other cases, see Curtesy, Cent. §§ 1, 2; Dec. Dig. § 1.*</p> <p>For other definitions, see Words and Phrases, vol. 2, pp. 1796, 1797; vol. 8, p. 7625.]</p> <p>3. Indians (§ 18*)'—Lands of Deceased Woman Allottee—Estate by the Curtesy</p> <p>By Act May 2, 1890, c. 182, § 31, 26 Stat.