Finley v. Abner

Citations

• 129 F. 734
• 64 C.C.A. 262
• 1904 U.S. App. LEXIS 4092

Syllabus

<p>1. Descent — Kansas Statute — Construction.</p> <p>The statute of Kansas relating to descent (Gen. St. 1889, c. 33, §§ 20, 21, 29) which by act of Congress (Act Feb. 8, 1887, 24 Stat. 389, c. 119, § 5)’ is made to govern the descent of lands allotted in severalty to the members of certain tribes in Indian Territory, provides that, if an intestate leaves neither husband, nor wife, nor issue, his estate shall go to his parents, and, if his parents be dead, shall be disposed of in the same manner as if they, or either of them, had outlived the intestate and died in the ownership and possession of the portion thus falling to their share, or to either of them, and that “children of the half blood shall inherit equally with children of the whole blood.” Held, that the word “children,” as so used, should be construed as meaning “kindred,” and that, under such provision, where an Indian woman, whose parents were dead, died unmarried and without issue, but leaving a half-brother, he inherited her land, to the exclusion of her uncles and cousins.</p>