§ 375. — Determination of heirship of deceased members of Five Civilized Tribes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC375]
TITLE 25--INDIANS
CHAPTER 10--DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE
Sec. 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.
(June 14, 1918, ch. 101, Sec. 1, 40 Stat. 606.)
Administration Expenses; Compensation; Restriction on Use of Funds;
Appeal
Act June 30, 1919, ch. 4, Sec. 18, 41 Stat. 21, appropriated
$205,000 for expenses of administration of the affairs of the Five
Civilized Tribes, Oklahoma, and the compensation of employees,
prohibited any part of the appropriation from being used in forwarding
the undisputed claims to be paid from individual moneys of restricted
allottees, or their heirs, or in forwarding uncontested agricultural and
mineral leases (excluding oil and gas leases) made by individual
restricted Indian allottees, or their heirs, to the Secretary of the
Interior for approval, provided that all such undisputed claims or
uncontested leases (except oil and gas leases) required to be approved
under existing law by the Secretary of the Interior shall be paid,
approved, rejected or disapproved by the Superintendent for the Five
Civilized Tribes of Oklahoma and authorized an appeal within thirty days
by party aggrieved by any decision or order of the Superintendent for
the Five Civilized Tribes of Oklahoma to the Secretary of the Interior.
