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Wills, Trusts & Estates Keyed to Gallanis
Hodel v. Irving
Citation:
481 U.S. 704 (1987)Facts
The three appellees—Mary Irving, Patrick Pumpkin Seed, and Eileen Bissonette— are enrolled members of the Oglala Sioux Tribe. They are, or represent, heirs or devisees of members of the Tribe who died in 1983. Eileen Bissonette’s decedent, Mary Poor Bear-Little Hoop Cross, purported to will all her property, to her five minor children in whose name Bissonette claims the property. Chester Irving, Charles Leroy Pumpkin Seed, and Edgar Pumpkin Seed all died intestate. At the time of their deaths, the four decedents owned 41 fractional interests. The Irving estate lost two interests whose value together was approximately $100; the Bureau of Indian Affairs placed total values of approximately $2,700 on the 26 escheatable interests in the Cross estate and $1,816 on the 13 escheatable interests in the Pumpkin Seed estates. But for the statute, this property would have passed, in the ordinary course, to appellees or those they represent.
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