VIII

RESTRICTIONS ON ALLOTMENTS

TO THE FIVE CIVILIZED TRIBES

FROM THE ACT OF 1947 UNTIL THE ACT OF 1955


      Now to the chart on page 223


By Allottees

      The only change from previous chart in the allottee section is in the note references in the last line. It is changed to "30" which note indicates that the Act of 1947 did not change the law as to allottees.


By Heirs and Devisees

      In the second section, the first line has a different note number from the previous chart. Note 31 is simply to the effect that the Act of 1947 did not reimpose restrictions on heirs or devisees of less than one-half Indian blood.

      I suppose we should treat the second line as new. The Act of 1947 changed the appropriate court to the court of the county where the land was located, see note 32. Previously the county having administration of estate of the ancestor was the correct forum.

      The third line is a repetition of the second line of previous chart. I think "ancestor" in each of these lines, whether on the 1933 or the 1947 chart, has to be read to include testator where a devisee rather than an heir is involved.

      Notice that lines 4 and 5 of the 1933 chart on page 221 are totally missing on the chart on page 223 because the Act of 1947 repealed the portion of the Act of 1933 which caused those lines to be present in the 1933 chart, see note 32 on page 251. The sixth line of chart of 1933 has no exact counterpart on the 1947 chart. This is true because the legislation prompting its presence on the 1933 chart was repealed by the Act of 1947.


By Will

      The "By Will" section is the same as on the previous chart except for the note designation. Note 33, the new note, simply states that the Act of 1947 made no change in the law relative to the wills of the Five Civilized Tribes.


By Carney-Lacher Grantees

      In the "Carney-Lacher Grantees" section, it is indicated that the curative Act of 1945, up to the date of the 1945 Act, cured the defect of not having Secretarial approval. But thereafter the law was that the Act of May 10, 1928 extended the restrictions in the Carney-Lacher deeds until 1956 and only the Secretary could approve deeds of Carney-Lacher grantees delivered after the effective date of the Act of 1945.