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DAVIS V. WILLIFORD, 271 U. S. 484 (1926)

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U.S. Supreme Court

Davis v. Williford, 271 U.S. 484 (1926)

Davis v. Williford

No. 316

Submitted May 4, 1926

Decided June 1, 1926

271 U.S. 484

Syllabus

1. Case held reviewable by certiorari and not by writ of error. P. 271 U. S. 486.

2. Under the Act of April 26, 1906, permitting members of the Five Civilized Tribes to will their property, but providing that

"no will of a full-blood Indian devising real estate shall be valid if such last will and testament disinherits the parent, wife, spouse, or children of such full-blood Indian, unless acknowledged before and approved by a judge of the United States court for the Indian Territory, or a United States commissioner,"

to give validity to such a will, it was necessary not only that it be in fact acknowledged by the testator before the officer, but that the officer place a certificate of such acknowledgment upon the will as an essential part of the acknowledgment itself. P. 271 U. S. 486.

3. Parol evidence inadmissible to supply lack of such certificate. Id.

106 Okla. 208, affirmed.

Certiorari to a judgment of the Supreme Court of Oklahoma which reversed a judgment upholding an instrument as the will of a deceased full-blood Chickasaw Indian devising his surplus allotment away from his wife and children. A writ of error was also taken, and is dismissed.





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