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U.S. Code as of:
01/02/2006
Section 463d - Notes
SOURCE
(Aug. 10, 1939, ch. 662, Sec. 1, 53 Stat. 1351.)
REFERENCES IN TEXT
The public-land laws, referred to in text, are classified
generally to Title 43, Public Lands.
INHERITANCE OF TRUST OR RESTRICTED LANDS
Pub. L. 95-264, Apr. 18, 1978, 92 Stat. 202, provided: "That the
right to inherit trust or restricted land on the Umatilla Indian
Reservation, to the extent that the laws of descent of the State of
Oregon are inconsistent herewith, shall be as provided herein.
"Sec. 2. When any Indian dies leaving any interest in trust or
restricted land within the Umatilla Reservation and not having
lawfully devised the same, such interest shall descend in equal
shares to his or her children and to the issue of any deceased
child by right of representation; and if there is no child of the
decedent living at the time of his or her death, such interests
shall descend to his or her other lineal descendants; and if such
descendants are in the same degree of kindred to the intestate,
they shall take such real property equally, or otherwise they shall
take according to the right of representation. An interest taken
hereunder shall be subject to the right of a surviving spouse as
provided in section 3.
"Sec. 3. The surviving spouse of any Indian who dies leaving any
interest in trust or restricted land within the Umatilla
Reservation shall be entitled to obtain a one-half interest in all
such trust or restricted interests in land during his or her
lifetime.
"Sec. 4. If any Indian, who leaves any interest in trust or
restricted land within the Umatilla Reservation, makes provisions
for his or her surviving spouse by an approved will, such surviving
spouse shall have an election whether to take the provisions as
made in such will or to take the interest as set forth in section 3
of this Act, but such surviving spouse shall not be entitled to
both unless it plainly appears by the will to have been so intended
by the testator. When any surviving spouse is entitled to an
election under this section, he or she shall be deemed to have
elected to take the provisions as made in such will unless, at or
prior to the first hearing to probate the will, he or she has
elected to take under section 3 of this Act and not under the will.
"Sec. 5. The provisions of this Act shall apply to all estates of
decedents who die on or after the date of enactment of this Act
[Apr. 18, 1978]."
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