Perryman v. Woodward

Background

Children and heirs of Squire Saunders sued to quiet title to a town lot in Muskogee, Creek Nation, against a purchaser who had bought the land from Saunders’s widow. Saunders had held the possessory right awarded by the townsite commission and died on October 22, 1900. On November 16, 1900, a Probate Court found the estate did not exceed $300 and ordered the estate to vest absolutely in the widow. The widow later sold the property, and the buyer obtained a favorable judgment in state court. Federal statutes and later deeds related to tribal land patents were also part of the dispute.

Reasoning

The main question was whether an 1890 act adopting certain Arkansas laws into the Indian Territory — including a rule that small estates (under $300) vest in the widow or children — was in force and supported the Probate Court’s order. The opinion examined the adoption of Arkansas laws, noted that Arkansas homestead provisions did not extend to the Territory and so were not controlling here, and found no reason to doubt the small-estate rule applied. The Court also explained that a 1910 federal statute confirming heirs’ rights to tribal patents did not undo the earlier probate order. Though a Master had viewed the widow’s interest as dower and excluded the decree, the state courts considered the decree and the Supreme Court deemed that outcome correct.

Real world impact

Because the Probate Court’s order was treated as valid under the adopted law, the widow obtained title that passed to her purchaser, and the heirs’ claim to the lot fails. The decision upholds state-court title rulings and confirms that similar probate orders can determine ownership against heirs under the adopted small-estate rule.