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DUCHENEAUX v. SECRETARY OF INTERIOR OF U.S.

Nos. 87-5023, 87-5024.

837 F.2d 340 (1988)

Marie DUCHENEAUX, Appellee, v. SECRETARY OF THE INTERIOR OF the UNITED STATES, Appellant, June Ellen Ducheneaux Ledbetter; Lillian Lynn Ducheneaux; Ria Elaine Ducheneaux; Seaboy; Orville Rolland Ducheneaux; Larry Douglas Ducheneaux; Deanna Ducheneaux Mulloy; Allen Theodore Ducheneaux; Marlene Kay Ducheneaux; Superintendent of Cheyenne River Agency and United States Bureau of Indian Affairs, Appellants. Marie DUCHENEAUX, Appellee, v. SECRETARY OF THE INTERIOR OF the UNITED STATES; June Ellen Ducheneaux Ledbetter; Lillian Lynn Ducheneaux; Ria Elaine Ducheneaux Seaboy; Orville Rolland Ducheneaux; Larry Douglas Ducheneaux; Deanna Ducheneaux Mulloy; Allen Theodore Ducheneaux; Marlene Kay Ducheneaux, Appellants. Superintendent of Cheyenne River Agency and United States Bureau of Indian Affairs.

United States Court of Appeals, Eighth Circuit.

Decided January 26, 1988.

Attorney(s) appearing for the Case

Maria A. Iizuka, Washington, D.C., and Krista Clark, Mission, S.D., for appellant.

Newell E. Krause, Mobridge, S.D., for appellee.

Before LAY, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and MAGILL, Circuit Judge.

MAGILL, Circuit Judge.

In this case we examine the district court's ruling that the theory of spousal contribution applied to divest an Indian's heirs of the land held in trust for him by the United States. We conclude that the district court lacked jurisdiction to order apportionment of the trust property and erroneously overrode a valid will. Accordingly, we reverse.

I. BACKGROUND.

The facts and procedural history are thoroughly set out in the...

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