§ 373. Disposal by will of allotments held under trust
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/usc/title-25/section-373A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any persons of the age of eighteen years or older having any right, title, or interest in any allotment held under trust or other patent containing restrictions on alienation or individual Indian moneys or other property held in trust by the United States shall have the right prior to the expiration of the trust or restrictive period, and before the issuance of a fee simple patent or the removal of restrictions, to dispose of such property by will, in accordance with the Indian Land Consolidation Act [25 U.S.C. 2201 et seq.] or a tribal probate code approved under such Act and regulations to be prescribed by the Secretary of the Interior:
Provided, however, That no will so executed shall be valid or have any force or effect unless and until it shall have been approved by the Secretary of the Interior: Provided further, That the Secretary of the Interior may approve or disapprove the will either before or after the death of the testator, and in case where a will has been approved and it is subsequently discovered that there has been fraud in connection with the execution or procurement of the will the Secretary of the Interior is authorized within one year after the death of the testator to cancel the approval of the will, and the property of the testator shall thereupon descend or be distributed in accordance with the laws of the State wherein the property is located:
Provided further, 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, and pay the moneys to the legatee or legatees either in whole or in part from time to time as he may deem advisable, or use it for their benefit:
Provided also, That this section and section 372 of this title shall not apply to the Five Civilized Tribes or the Osage Indians.
(June 25, 1910, ch. 431, § 2, 36 Stat. 856; Feb. 14, 1913, ch. 55, 37 Stat. 678; Pub. L. 100–153, § 2, Nov. 5, 1987, 101 Stat. 886; Pub. L. 106–462, title I, § 106(b)(2), Nov. 7, 2000, 114 Stat. 2007.)
Connections13 cite this · traces to 2
Cited by 13 sections · top 9
statutes-at-large
- Public Law 100–153To make miscellaneous technical and minor amendments to laws relating to Indians, and for other purposes
- Public Law 587
- Public Law 96–274Pertaining to the inheritance of trust or restricted land on the Standing Rock Sioux Reservation, North Dakota and South Dakota
- Public Law 98–513Pertaining to the inheritance of trust or restricted land on the lake Traverse Indian Reservation, North Dakota and South Dakota, and for other purposes
- Public Law 588
- Public Law 943
- Public Law 106–462To reduce the fractionated ownership of Indian lands, and for other purposes
12 references not yet in our index
- June 25, 1910, ch. 431, § 2
- 36 Stat. 856
- Feb. 14, 1913, ch. 55
- 37 Stat. 678
- Pub. L. 100–153, § 2
- 101 Stat. 886
- Pub. L. 106–462, title I, § 106(b)(2)
- 114 Stat. 2007
- Pub. L. 97–459
- 96 Stat. 2517
- Pub. L. 106–462
- Pub. L. 100–153
Citation graph
cites case law
§ 373
Disposal by will of allotments held under trust
Stat.×10
U.S.C.×2
Fed. Reg.×1
ActJune 25, 1910, ch. 431, § 2
Stat.36 Stat. 856
ActFeb. 14, 1913, ch. 55
Stat.37 Stat. 678
Pub. L.Pub. L. 100–153, § 2
Cites 14 · showing 7Cited by 13 across 3 sources