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PARKER V. RILEY, 250 U. S. 66 (1919)

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U.S. Supreme Court

Parker v. Riley, 250 U.S. 66 (1919)

Parker v. Riley

No. 25

Submitted March 19, 1919

Decided May 19, 1919

250 U.S. 66


Under § 9 of the Act of May 27, 190, c.199, 35 Stat. 312, the homestead of a full-blood Creek Indian who dies leaving a child born since March 4, 1906, is not freed from the restrictions on alienation by the death of the allottee, but is set apart for the "use and support" of such child during life, but not beyond April 26, 1931. P. 250 U. S. 69.

Whether the special interest of the surviving child in such a case is, strictly speaking, an estate for life or for years, and what effect a removal of the restrictions on the homestead "in the manner provided in section one" of the act, after the death of the allottee, would have on the relative rights of such child and other heirs of the allottee, are questions not here considered. P. 250 U. S. 70.

Where a child holding such a special estate under § 9 of the act joined the other heirs of the allottee, with the approval of the Secretary of the Interior, in leasing the allotment for oil and gas, upon a royalty basis, for the benefit of them all but without any provision for altering their rights inter sese, held that, since the royalties took the place, pro tanto, of the land as the lessee extracted and took the minerals, the special estate attached to the royalties, and the child took the interest or income therefrom while she lived, but not beyond April 26, 1931, leaving the principal, like the homestead, to go to the heirs in general on the termination of her special right. Id.

243 F. 42 reversed.

The case is stated in the opinion. chanroblesvirtualawlibrary

Page 250 U. S. 67

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