In re Proving the Last Will & Testament of Jack

Hickey, S.

This is an application by Havemeyer Jack and Marvin Jack, Tuscarora Indians, the executors named in the-last will and testament of Catharine Jack, deceased, to have-the same admitted to probate. -Catharine J-aek was a Tuscarora Indian woman residing upon the Tuscarora Reservation in Niagara county.

It was held in Dole as Admr. v. Irish, 2 Barb. 639, that Surrogate’s- Courts have no jurisdiction over the estate of Indians. But counsel f-or proponents urges that the Indian Law has been materially changed since the rendering of the above-decision. He contends that, under section 2 of…