United States Supreme Court Cases & Opinions

U.S. Supreme Court

Shellenbarger v. Fewell, 236 U.S. 68 (1915)

Shellenbarger v. Fewell

No. 103

Argued December 7, 8, 1914

Decided January 18, 1915

236 U.S. 68

Syllabus

Reynolds v. Fewell, ante, p. 236 U. S. 58, followed to the effect that, under § 7 of the Original Creek Agreement of 1901, a noncitizen husband is entitled under the tribal laws to take an heir's part of the lands which had been allotted to his deceased citizen wife, pursuant to the rule of property established by the highest court of Oklahoma in De Graffenreid v. Iowa Land & Trust Co., 20 Okl. 687.

Quaere whether persons entitled to take lands allotted under § 28 of the Original Creek Agreement on behalf of a deceased member of the tribe should be ascertained by reference to the time of the death of the decedent or by reference to the date of the allotment.

34 Okl. 79 affirmed.

The facts, which involve the construction of the Original Creek Agreement and the laws of descent applicable to allotments made thereunder, are stated in the opinion.