Eskra v. Morton

With all due respect for the view of my colleagues, I am impelled to dissent, largely for the reasons expressed by the district court in granting defendants’ motion for summary judgment. Eskra v. Morton, 380 F.Supp. 205 (W.D.Wis.1974).

Plaintiff’s half-sisters, Faye Gable and llene Hollen, each received a Vsoth share of their great-aunt’s estate. At oral argument, plaintiff’s counsel stated that Constance Eskra’s share in the estate, if awarded, would be approximately $33. Plaintiff was barred from any share in the estate because of 25 U.S.C. §§ 348 and 464, which incorporate by reference…