“ We conclude that by reason of this statute the fee-simple patent to Greyhair, although issued 19 days after his death, operated to invest his 'heirs, devisees or assignees' with the title, and to divest the United States of it, 'as if' the patent had been issued to him 'during life.' Of course those who received the title, whether heirs, devisees or assignees, took it as though it came from him, and not as if they were the immediate grantees of the United States. ”

“ The contention to the contrary is without support in the congressional statutes to which our attention is invited. They all relate to lands held under trust patents or subject to restriction against alienation, and not to such as have been freed from the trust and restriction, as here, by the issue of a fee-simple patent.
We are of opinion, therefore, that there was nothing in the congressional statutes to prevent the local court from taking and exercising jurisdiction of the administrator's suit for specific performance, brought after the issue of the fee-simple patent. ”

“ The land was allotted to Greyhair under the act of February 8, 1887, c. 119, 24 Stat. 388, which provided in section 5 (25 USCA § 348) that the trust patent should declare, as in fact it did, that the United States would hold the land for the period of 25 years in trust for the sole use and benefit of the allottee, or, in case of his decease, of his heirs according to the laws of the state, and at the expiration of that period would convey the same by patent to the allottee, or his heirs, in fee, discharged of such trust and free from all charge or incumbrance. ”