Guyatt v. Kautz

Citations

• 41 Wash. 115
• 83 P. 9
• 1905 Wash. LEXIS 1076

Syllabus

<p>Indians — Lands—Rules op Descent — Patent. Lands allotted In severalty to an Indian as tbe bead of a family by a patent subject to forfeiture if tbe lands were abandoned, and restricting tbe right of alienation for a certain period and until, removed by legislative act, descends, upon tbe death of tbe allottee without children, as a qualified or base fee (which may become absolute upon removal of tbe restrictions) to bis wife as tbe only remaining member of tbe family, under tbe community property laws of the state, where tbe customs and rules of descent of tbe tribe are not shown, such laws not being in conflict with the terms of tbe patent.</p> <p>Same — Descent and Distblbution. By tbe Act of Congress of February 8, 1887, making tbe Puyallup Indians citizens of tbe United States, tbe laws of descent in force in tbe state of Washington be* came applicable to tbe Puyallup Indian lands allotted in severalty; and lands inherited by tbe wife of an original allottee descend upon her death to her daughter as her only heir, in preference to de. scendents of tbe sisters of tbe original allottee.</p> <p>Same — Patent—Title. Under tbe Act of Congress removing the restrictions upon alienation of tbe lands of tbe Puyallup Indians, tbe qualified fee of tbe Indians ripened into an absolute fee simple title.</p>