Osage Headrights
At the time of the passage of the Osage Allotment Act on June 28, 1906, [“the Act”], the Osage Indians were occupying, as a tribe, their reservation in Oklahoma. Their reservation contained approximately a million and a half acres of land purchased from the Cherokees. Prior to the Act, ownership of all the reservation lands remained in the Osage Tribe. By the Act, the lands were divided and distributed among the 2,229 members of the Osage Tribe with certain restrictions. An Osage Indian, although allowed to sell the surface of the land in certain situations, could not sell the minerals. Mineral ownership for nearly the entire reservation was placed in trust under the federal government and initially reserved to the use of the tribe.
What happens if a headright owner dies but does not have a Will or Trust?
Oklahoma law is a little complicated, so a simple answer is not possible.
WHAT IS A "LIFE ESTATE"?
Who can inherit a headright interest now?
According to Acts of Congress, only a person of Osage Indian blood can inherit headright(s) from a deceased Osage Indian. However, a non-Osage person can inherit what is called a “life estate” in a headright interest (see below for explanation of “life estate”) from an Osage Indian.
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