The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1874-06-12

tent to manage their affairs in a
proper manner, which shall be de-
termined by the Wyandotte Coun-
Gil, or where any of them have
died, leaving minor heirs, the said
council shall appoint proper and
discreet persons 10 act for such in
competent persons and IninO. heirs
in the sale of the reservation, and
the custody and management of the
proceeds thereof-the persons so
appointed. TO have full authority TO
sell and dispose of the reservations,
and 10 make and execute u good
and valid title thereto"
+, On the Both day of May. 1854, the
| year preceding the treaty. Con-
| gress passed the act organizing The
Territory of Kansas, but previous
to this the public lands had been
thrown open TO presumption and
| settlement, and these Wyandotte
| ''hoats," by which $40 acres could
be secured by town sites, instead of
80 acres, were in great request.
Francis A, Hicks. one of the de-
visees of the John Hicks float" died
August l6, 1855, few months after
the treaty of that year, leaving
children and grand children. He
made will on the 9TH day of Au-
gust, 1856, and therein directs 1.-The
One-half of the section of land
willed to him by his father, under
the treaty of March II, 1912, 10 be
sold, and the avaiIs thereof to be
applied TO the liquidation of his
debts and liabilities" aud appoints
Joel Walker.
NnU a tho Hafn Of .
Francis A. Hicks, on the 10th day
of August, 1850, no statute OF de-
scents or of wills had vet been
passed by the Territorial legislation
of Kansas. The council still con-
tinued to act, and the will of Fran
els A. Hicks was admitted to pro-
bate, september 18th, 1866, the ex-
ecutors gave bond, and was author |
lied by the council to act as such. |
Subsequently, to-wit: January 3, |
1868, the will was presented to the |
regular probate court of Wyan- |
dotte county, and proved and al
lowed, but without any notice be- |
ing published or otherwise given, |
SO far as appears on record, Joel |
Walker, the executor of Francis A. |
Hicks, persuant to directions in mis- |
will, sold the testator's undivided |
half of this GAO acre ''float" TO Jacob |
Ulrich for 81, 200. and reduced the
contract to writing. Ulrich located |
the float on the land in question,
which was approved, and the pal
ent issued, as above mentioned, |
May 3, 1861, To The heirs Of .John
Hicks, ST. Subsequently, convey
ancers were made to Uirick's estate
for this interest, and the heirs of
UIrich conveyed the land in 0ues-
ton to the Defendant.
The plaintiff claims little through
from grandchildren of
John Hicks, ST., who if his will and
the will of Francis a. Hicks, are
valid, had no title. In other
words, the right of the plaintiff to
recover, is based upon the PROPOSE
ton that these two wills are multi
ties-that, though made, executed
and probatcd according to the laws,
customs and usages of the Wyan-
dOtte nation of Indians to which
they belonged, those instruments
have, in law, no legal effect IN de-
the rights of the parties.
The Wyandotte Indians, before
their removal from Ohio, had a.
dopted written constitutions, laws,
and among others, laws relating to
descent and wills. These are in the
record, aud are shown to have been
copied from tho laws of Ohio, and
adopted by the Wyandotte tribe.
with certain notifications, to adopt
them to their customs and usages.
One of these notifications, was
that only living children should in
herit, excluding the children of de-
ceased children, or grandchildren.
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