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U.S. Code as of:
01/19/04
Section 375. Determination of heirship of deceased members of Five Civilized Tribes
A determination of the question of fact as to who are the heirs
of any deceased citizen allottee of the Five Civilized Tribes of
Indians who may die or may have heretofore died, leaving restricted
heirs, by the probate court of the State of Oklahoma having
jurisdiction to settle the estate of said deceased, conducted in
the manner provided by the laws of said State for the determination
of heirship in closing up the estates of deceased persons, shall be
conclusive of said question: Provided, That an appeal may be taken
in the manner and to the court provided by law, in cases of appeal
in probate matters generally: Provided further, That where the time
limited by the laws of said State for the institution of
administration proceedings has elapsed without their institution,
as well as in cases where there exists no lawful ground for the
institution of administration proceedings in said courts, a
petition may be filed therein having for its object a determination
of such heirship and the case shall proceed in all respects as if
administration proceedings upon other proper grounds had been
regularly begun, but this proviso shall not be construed to reopen
the question of the determination of an heirship already
ascertained by competent legal authority under existing laws:
Provided further, That said petition shall be verified, and in all
cases arising hereunder service by publication may be had on all
unknown heirs, the service to be in accordance with the method of
serving nonresident defendants in civil suits in the district
courts of said State; and if any person so served by publication
does not appear and move to be heard within six months from the
date of the final order, he shall be concluded equally with parties
personally served or voluntarily appearing.
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