Tilkins v. Parks

HANSEN, Judge:

Does a provision in a will of a Seminole Indian of half-blood, directing all his just debts be paid as soon as practicable from the funds of his estate, waive the federal statutory restriction against alienation of the property and allow the sale of the property to pay his debts? We answer this narrow question in the affirmative.

Thomas Jones died testate owning 38 acres of restricted land in Seminole County, a 1972 Oldsmobile station wagon, and little else. A petition for Letters of Administration with Will Annexed was filed by his heirs, Thomas Jones and Bertha Tilkens,…