|
U.S. Code as of:
01/19/04
Section 373. Disposal by will of allotments held under trust
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.
|
|