Legal Opinion

In Re Smith's Estate

Supreme Court of Oklahoma

Decided October 8, 1940No. 28542PublishedCited by 7 opinions

1Opinion of the Court

The first question to be determined in this case is whether Juanita Wilson Smith, the surviving wife of Robert Smith, deceased, a full-blood restricted Osage Indian allottee, is of Indian blood and entitled to inherit a portion of his estate as one of his heirs at law. Juanita Wilson Smith and Robert Smith were married on the 11th day of July, 1932, subsequent to the passage of the Act of Congress of February 27, 1925, 43 Stat. at L. 1008 (25 U.S.C.A. 331), section 7 of which prohibits inheritance by persons not of Indian blood from those of one-half or more Indian blood of the Osage Tribe,…

2Cases cited22 opinions

  1. Truax v. RaichSupreme Court of the United States · 1915
  2. Magoun v. Illinois Trust & Savings BankSupreme Court of the United States · 1898
  3. Orient Insurance v. DaggsSupreme Court of the United States · 1899
  4. Maxwell v. BugbeeSupreme Court of the United States · 1919
  5. Giozza v. TiernanSupreme Court of the United States · 1893

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3Cited by7 opinions

  1. Newland v. ChildIdaho Supreme Court · 1953
  2. Matter of Estate of Little BearSupreme Court of Oklahoma · 1995
  3. Mashunkashey v. MashunkasheySupreme Court of Oklahoma · 1942
  4. Atchison v. DietrichSupreme Court of Oklahoma · 1957
  5. Bigheart v. PappanCourt of Appeals for the Tenth Circuit · 1973

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