The opinion of the court was delivered by: KIRKLAND
1. The plaintiff, who is a citizen of the United States and a citizen and resident of the State of Wyoming, is an attorney at law duly licensed to practice before the courts of Wyoming, the federal courts and the Department of the Interior. He has been licensed to practice law since 1904.
2. The defendant, Douglas McKay, is the present Secretary of the Interior of the United States and was substituted as a defendant for the former Secretary, Oscar L. Chapman.
3. The defendant Mary Bradford 'Neal Candler is a member of the Shoshone Tribe of Indians. She is of one-fourth Indian blood and is a resident of Lander, Fremont County, Wyoming. She is enrolled as a member of the Shoshone Tribe and was issued an allotment of land being Allotment No. 765 evidenced O'Neal Candler is a member of the to the General Allotment Act, Act of February 8, 1887, 24 Stat. 388, 25 U.S.C.A. § 331 et seq. Subsequently on January 11, 1919, a patent in fee simple was issued to her covering her allotment. The patent in fee simple before the number 658707.
4. A copy of the complaint filed in the present case was handed to Mary Candler in Lander, Fremont County, Wyoming. She was not served with process in the District of Columbia.
6. William O'Neal had been married four times previous to his marriage to Mary Candler and his first four wives predeceased him. He had inherited interests in the following Indian Allotments from his former wives:
1. Allotment No. 125, Angeline LaJeunesse, Trust Patent No. 56833-12 issued October 19, 1907. A 4/28ths interest in the SE1/4 NE1/4; and Lot 5, Sec. 20; Lots 1, 2 and 3; and W1/2 NE1/4 S1/2 NW1/4; and NE1/4 NW1/4, Sec. 21; T. 2 S., R. 2 E., Wind River Meridian, in Wyoming containing 305.20 acres, by Heirship No. 29435-14.
2. Allotment No. 947, Mr. Nibitsie, Trust Patent issued October 19, 1907. An 81/700ths interest in the N1/2 NE1/4; and NE1/4 NW1/4, Sec. 16, T. 3 N., R. 4 W., Wind River Meridian in Wyoming containing 120 acres, by Heirship No. 4004-15.
3. Allotment No. 948, Thyra Passedoah, Trust Patent issued October 19, 1907. An 18/70th interest in the S1/2 NW1/4 and NW1/4 NW1/4, Sec. 16, T. 3 N., R. 4 W., Wind River Meridian in Wyoming containing 120 acres, by Heirship No. 2910-15.
4. Allotment No. 2123, to Neal Passedoah. Trust Patent No. 528745 issued May 11, 1916, for the 2/5ths interest in Lots 2 and 3 and the SW1/4 NE1/4 and the NW1/4 SE1/4, Sec. 24, T. 2 S., R. 1 E., Wind River Meridian in Wyoming containing 166.96 acres by Heirship 60040-20.
5. Allotment No. 2124 to Jossie Passedoah, Trust Patent No. 528746 issued May 11, 1916. A 39/90th interest in Lot 4 and the SW 1/ 4 SE 1/4, Sec. 13, T. 2 S., R. 1 E., Wind River Meridian in Wyoming containing 164.76 acres by Heirship No. 60040-20.
6. Allotment No. 950 to Lilly Passedoah, Trust Patent issued October 19, 1907. A 9/10ths interest in the W1/2 SE1/4, Sec. 17, and the NW1/4 NE1/4, Sec. 20, T. 3 N., R. 4 W., Wind River Meridian in Wyoming containing 120 acres on which a patent in fee No. 658744 was issued on January 11, 1919, by Heirship 78803-20.
7. William O'Neal died testate on or about July 29, 1924, in Fremont County, Wyoming, seized of interests in the lands ...