, 1855-03-24
GkSrnAL LAM OrrIcr.


SIR:-I have the honor to acknowledge
the receipt Of the letter Of Delazon Smith,
Esq. Of the 18th September last, and in
answer to the enquiries therein, TO state:
That the portions Of the acts Of lS49,
1858, and 1854, which bear upon the qnes-
tions presented Iby Mr.. Smith, are as fol-
lows, to witt" and in all cases where such
married persons have complied with the
provisions Of this act, so as to entitle them
to the grant as above provided, whether
"under the late provisional government Of
Oregon, or since, and either shall have
died before paieia issues, the survivor and
children, or heirs Of the deceased, shall
abe entitled TO the share or interest Of the
:" deceased in equal proportions, except
where the deceased shall otherwise dis
pose Of II by testament, duly and proper
"ly executed according to the laws Of Or
egon," TACT Of 9th September, 1850,
Statutes at Large, Vol. 1X. p. 497.) See
also section eight, Of same act, which en-
acts "that upon the death Of any settler
"before the expiration Of the four years
continued possession required by this act
" all the rights Of the deceased under this
"act, shall descend to the heirs-at-law Of
such settler, including the widow, where
one is left, in equal parts; and proof of
compliance with the conditions Of this act
cup to the time of the death Of such set
"tler, shall be sufficient TO cntitle them 70
the patent"
The act of 14th February, 1858, piss,
section one, confers the right Of purchase
after two years occupancy, and in case Of
the death OF the settler, extends that right
" to the hcirs-at-law OF such settler, inclu-
ding the widow where one is left, in equal
paris" &c. The eighth section Of the
same act, makes grants to widows then re-
siding in, or who should locate in said Ter
ritory, whose husbands, had they lived,
would have been entitled to claims, &c
The fifth section Of the act Of 18th Ju.
ly, 1854, p. 3O6, makes provisions for or
phans left in Oregon, and extends all the
provisions Of these laws to Washington
Territory. .l
In view of this legislation, Where set
tier who was married, occupied and cult
rated from prior TO December lS49, till
1851, and died, leaving no children, and
Mo NluOW iuuiIlCu dBdttii hiu iCulO'Su llOu
fhe claim, to settle with her second husband
on other lands, she is clearly entitled to the
half Of her first husbands claim set apart
dOr her, and 10 an equal proportion with
the other heirs Of her husband, in her hus
bands half, if he died without having be-
Sueathed that bOlf If he beuueathed it.
his devisees would take under the will; or
il he died without will, and left neither
children nor heirs in Oregon, and his wild
Oy, by the laws Of Oregon, in such case in
herits an inchoate right of this kind, she
would take the whole
The terms heirs-at-law," in these acts
may produce serious difficulty in the land
titles in Oregon and Washington. They
are comprehensive enough to embrace par
ties residing anywhere in the United States
or Europe, in case like this under conside
ration; but such, in my opinion, was mol
the intention Of the law. The object was
to encourage settlements in those distant
regions; asd all laws since that of la49
were designed, chiefly, to facilitate the &C
QUESTION Of titles thsIRs- bis construction,
on the contrary, wound tic up titles, espe'
elally where the heirs are not citizens oI