Wishkeno, Arthur, Estate of, 8 IBIA 147 (1980)

Potawatomi Allottee 330 : August 8, 1980

Arthur Wishkeno, a resident of Kansas, died on May 13, 1978. After a hearing held on April 4, 1979, at Topeka, Kansas, Administrative Law Judge Sam E. Taylor issued an order on July 19, 1979, disapproving will and determining heirs wherein he found that Arthur Wishkeno, hereinafter referred to as decedent, died intestate and pursuant to the laws of descent for the State of Kansas, was survived by the following heirs at law:

Wesley Wishkeno Son 12/84 Mary Wishkeno Delg Daughter 12/84 Alethia Wishkeno Bedwell Daughter 12/84 Virginia Wishkeno Cadue Daughter 12/84 Wilma Wishkeno Anquoe Daughter 12/84

Children of predeceased son, Ivan Wishkeno, Sr.

(deceased February 23, 1975)

Ivan C. Wishkeno, Jr. Grandson 4/84 Marilyn Wishkeno Granddaughter 4/84 Calvin William Wishkeno Grandson 4/84

Children of predeceased son, Calvin Wishkeno

(deceased February 22, 1952)

Vivian Lea Wishkeno McKinney Granddaughter 6/84

During the course of the aforementioned hearing, Virginia Cadue submitted a copy of a purported last will and testament. Evidence presented failed to disclose the whereabouts of the original. Some evidence submitted indicated the will may have been destroyed. Absent the original of the will and absent evidence that the will had been lost, the Judge found that the copy of said will was invalid and should not be approved. After a full review of the complete record, the Board concurs in Judge Taylor's findings that said will was invalid.

IBIA 80-13

Virginia Cadue also submitted a copy of a warranty deed, purportedly executed by the decedent and dated November 1, 1968, which purported to convey certain trust and fee lands of the decedent referred to therein to Virginia Cadue. The purported deed was never submitted to the Secretary of the Interior or to his authorized subordinate for approval as provided for by statute and Departmental regulations. Accordingly, Judge Taylor found said purported warranty deed invalid and ineffective to convey title to the trust property described therein to Virginia Cadue.

Wesley Wishkeno petitioned for rehearing on August 28, 1978, because he strongly felt that only the immediate living heirs should be entitled to decedent's estate.

Judge Taylor denied the petition for the reason that Kansas laws of descent as set forth in said order permit the child or children of a predeceased child to take the share of the predeceased child. 1/

An appeal was then filed by Wilma Anquoe,...