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WILLS.

REGULATIONS GOVERNING THE APPROVAL OF WILLS OF ALLOTTED INDIANS UNDER THE ACT OF CONGRESS APPROVED JUNE 15, 1910.

Section 2 of the act of June 24, 1910 (36 Stat., 855-858), provides--

That any Indian of the age of twenty-one years or over, to whom an allotment of land has been or may hereafter be made, shall have the right, prior to the expiration of his trust period and before the issue of a fee-simple patent, to dispose of such allotment by will, in accordance with rules and regulations to be prescribed by the Secretary of the Interior: Provided, however, That no will so executed shall be valid or have any force or effect unless and until it shall have been approved by the Commissioner of Indian Affairs and the Secretary of the Interior: Provided further, That this section does not apply to the State of Oklahoma.

The will of any Indian filed for approval under this act should be forwarded through the superintendent, or other officer, in charge of the agency, having supervision over the property devised, who will lend all necessary assistance to the Indian, aiding him, as far as possible, in the drawing of his will, informing  and advising him as to the law and his rights, but under no circumstances endeavoring to influence the manner of testamentary disposition. It is not necessary, however, that the will be drawn before or in the presence of such superintendent or other officer.

It shall be the duty of such superintendent, or officer, before submitting such will, to inquire fully into the mental competency of the Indian; the circumstances attending the execution of the will; the influences that may have induced its execution, and the names of those entitled to share in his estate under the general law of descent; and, where the distribution proposed by the will differs from that had the land descended, the reasons for the disposition of the property in the manner proposed; and, in forwarding the will, to make a specific recommendation respecting its approval. The will should conform to the laws of the State in which the Indian is domiciled.

In case the will is filed and approved before the death of the testator, it will be returned to the superintendent, or other officer, for safekeeping, and after the death of the testator should be again forwarded for recordation in the Office of the Commissioner of Indian Affairs.

The Indian should be advised that the filing and approval of his will will not prevent its revocation by the testator, but any modification thereof can only be made with departmental approval.

Further than above it is not deemed advisable to provide rules or regulations governing this matter.

R. G. VALENTINE, Commissioner

Approved December 10, 1910.
FRANK PIERCE,
First Assistant Secretary.

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