Sol #1235 — Peters v. Tallchief: Tuscarora widow possession restored; title left undefined

Finding #1235 recovers Linnie L. Peters v. Allie Tallchief, 121 App. Div. 309–322 (Fourth Department, September 25, 1907). After Tuscarora allotment-holder Jeremiah Peters’s line ended with his son’s 1906 death, sister-in-law Allie Tallchief entered the Lewiston house and refused to leave. A justice awarded possession to widow Linnie; County Court reversed; the Appellate Division restored the possession order.

Justice Kruse found a substantial exclusive-possession interest continued in the son’s family. The majority expressly declined to define the exact property right in the chiefs’ allotment — no fee title award, no full inheritance map. On forum, no compulsory Tuscarora Peacemakers tribunal was shown for this dispute; Indian Law §5 allowed state enforcement. Lengthy jurisdiction argument against state power was McLennan’s dissent, not the holding.

Separations: companion same-term Matter of Printup (#1234) is different estate and remanded rather than appointing; ~23-acre Lewiston allotment ≠ Seneca Allegany/Cattaraugus; report shows order with costs — not physical restoration or costs paid; distinguished Seneca Peacemakers machinery incl. Jimeson v. Pierce (#1229).

Source: 1907-peters-tallchief-tuscarora-widow-possession.

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