Akers v. Morton

In Akers v. Morton, 499 F.2d 44 (9th Cir.1974), cert. denied, 423 U.S. 831, 96 S.Ct. 51, 46 L.Ed.2d 48 (1975), the Ninth Circuit confronted a situation similar to that presented here. Mr. Akers, an Indian, expressly disinherited his wife, also an Indian, from his will. Mrs. Akers asserted a dower right in the land conveyed by the will, land that had been acquired with her funds, but which had been titled as trust land in Mr. Akers' name. The Ninth Circuit held that even though the results were often inequitable, "alienation of restricted Indian allotment land is controlled by federal law. Montana's dower law cannot of its own force entitle Mrs. Akers to claim a wife's interest in her deceased husband's restricted lands." Akers, 499 F.2d at 46. The court later stated: "The Secretary may disapprove a will only if it is technically deficient or if it is irrational. Where, as in this case, it is rational , the Supreme Court has indicated that the Secretary is not free to disapprove the will merely on notions of fairness or equity." Id. at 47.