Dolly Cusker Akers v. Rogers C. B. Morton, Secretary of the Interior

HUFSTEDLER, Circuit Judge:

Mrs. Akers, an Indian and the widow of John Akers, also an Indian, challenges the determinations of the Secretary of the Interior that her husband’s will disinheriting her was valid and that she had no dower interest in the restricted Indian allotment land that he devised to a third person. Summary judgment in favor of the Secretary was granted and she appeals.

Mr. and Mrs. Akers lived on restricted land in Montana. The land had been acquired with Mrs. Akers’ funds, but title was taken solely in Mr. Akers’ name. 1 Their ranching and farming enterprise was managed…