Hail, Paul Wilford, Estate of, 13 IBIA 140 (1985)

Extract

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Hail, Paul Wilford, Estate of, 13 IBIA 140 (1985)

Appeal from an order denying rehearing issued by Administrative Law Judge Sam E. Taylor in IP TU 235 P 82, IP OK 208 P 84.

Affirmed.

1. Indian Probate: Wills: State Law: Applicability to Indian Probate

The authority of the Secretary of the Interior to approve an Indian will is controlled by 25 U.S.C. § 373 (1982) and regulations published in 43 CFR 4.260-.262, not by state law.

2. Indian Probate: Wills: Construction of

The principal criterion guiding an Administrative Law Judge in construing an Indian will is always the intention of the testator, if that intention can be reasonably ascertained and it is not contrary to an established rule of law or in violation of publ...

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