made to hinder, delay and defraud the plaintiffs and his other creditors of their just and lawful debts. to said WHEREFORE, the plaintiffs pray that said deed from said of said real estate, may be declared to be void and may be vacated and annulled, and that plaintiffs may have such other and further relief as their case may require.† Attorneys for Plaintiffs. † Adapted from Kinkead's Code Pleading. SECTION 533. Advancement-Expressed value governs, when. 534. Advancement-When the descendant receiving it dies before decedent. 535. Inheritance by representation. 536. Aliens may inherit. 537. An estate escheats, whenSubject to what charges. 538. Heirs must pay obligations of decedent. 539. The order of succession-Wife and children-Lineal descendants. 540. Where decedent was married more than once. 541. Where decedent leaves no surviving husband or wife. 542. Where decedent leaves no issue. 543. Where property acquired by joint industry of husband and wife. 544. Where there is no issue, no husband, no wife, no father and no mother. 545. Where there is no issue, no husband, no wife, no father, no brother and no sister. The subject of descent, or, as it is more commonly called, descent and distribution, is one of the intricate topics of the law, and, in this State, especially, that portion of the law applicable to what was formerly known as the Indian Territory, the law of the subject is doubly difficult. It is diffi cult both as to the determination of who are the heirs of an ancestor and also, in understanding the law of the subject. The loose marriage customs among the Indians and freedmen in the Creek country, and among the other peoples of the five civilized tribes, make it difficult to ascertain who the descendants are, and the frequent changes of the law made by the Federal Government as to the subject of descent, necessitates a great deal of labor on the part of the practitioner in mastering the laws of inheritance in this State. Of course, since statehood, the subject is no more difficult than in the other States, but prior to that time, the law of the subject of descent in the Indian Territory is found in the subject of descent and distribution as found in Mansfield's Digest of the statutes of Arkansas, and the laws of the Creek nation of Indians and the laws of the other five civilized tribes in Indian Territory. Later in the discussion of the subject of descent there will be found the Federal law and the Indian laws on the subject. Sec. 518. Dower and curtesy abolished in Oklahoma. In the discussion of this subject the Oklahoma law will be first set forth. Then the Arkansas law and the various Indian laws beginning with the Creek law, will be taken up and discussed. As the Legislature of the State of Oklahoma has abolished the subject of dower and curtesy, neither of these subjects will be discussed in this chapter.2 Sec. 519. Discussion of terms-Statutory definition of succession. The subject of descent and distribution is now regulated in this State by statute, and the provisions of this chapter now govern. The term "descent" is applied to real property, and the term "distribution" is applied to the division made by the law of the personal property of one dying without a will. The statute says that succession is the coming in of another to take the property of one who dies without disposing of it by will. Sec. 520. Proper persons to take property of a deceased. This subject is regulated by statute. It is provided that all the property of a decedent, except as otherwise provided for the homestead, and personal property set apart for the surviving wife or husband, and minor child or children, shall be chargeable with the payment of the debts of the deceased, the expenses of the administration, and the allowance to the family. And the property, personal and real, may be sold as the court may direct in the manner provided by statute. 2 Snyder, 8,986; Wilson, 6,896. 3 Snyder, 8,983; Wilson, 6,893; Dakota Code, 3,397 (1887). There can be no priority as between personal and real property for the above purposes.* The executor or administrator is entitled to the possession of all the real and personal estate of the decedent, and to receive the rents and profits of the real estate, except the realty and improvements thereon properly belonging to the homestead, and such personal property as is reserved by law to the widow and children of the decedent, or either of them, until the estate is settled or delivered over by order of the county court to the heirs and devisees; and must keep in good tenantable repair all houses, buildings and fences thereon, which are under his control. The heirs or devisees may themselves, or jointly with the executor or administrator, maintain an action for the possession of the real estate, or for the purpose of quieting the title to the same, against anyone, except the executor or administrator." Sec. 521. What property passes to the heirs. The property, both real and personal, of one who dies without disposing of it by will, passes to the heirs of the intestate, subject to the control of the county court, and the possession of any administrator appointed by that court for the purpose of administration." Sec. 522. Inheritance by illegitimate child. Every illegitimate child is the heir of the person who in writing, signed in the presence of a competent witness, acknowledges himself to be the father of such child; and in all cases is an heir of his mother; and inherits his or her estate, in whole or in part, as the case may be, in the same manner as if he had been born in lawful wedlock; but he does not represent his father or mother by inheriting any part of the estate of his or her kindred, either lineal or col 4 Snyder, 5,299; Wilson, 1,641. Snyder, 5,259; Wilson, 1,601. Snyder, 8,984; Wilson, 6,894. |