“ This is a bill in equity to settle conflicting claims to royalties collected and accruing under an oil and gas lease of lands allotted to a fullblood Creek Indian as a homestead. The allottee died intestate in November, 1908, leaving a husband and two minor children as her only heirs. One of the children was born before and the other after March 4, 1906. Under the applicable law of descent each heir took and undivided one-third interest in the lands, subject to the estate specially given to the child born after March 4, 1906, by section 9 of the Act of May 27, 1908, c. ”

“ Provided further, that if any member of the Five Civilized Tribes of one-half or more Indian blood shall die leaving issue surviving, born since March fourth, nineteen hundred and six, the homestead of such deceased allottee shall remain inalienable, unless restrictions against alienation are removed therefrom by the Secretary of the Interior in the manner provided in section one hereof, for the use and support of such issue, during their life or lives, until April twenty-sixth, nineteen hundred and thirty-one ”

“ Youst, 43 W. Va. 826, 28 S. E. 781, 39 L. R. A. 292; Eakin v. Hawkins, 52 W. Va. 124, 43 S. E. 211; Stewart v. Tennant, 52 W. Va. 559, 44 S. E. 223; Barnes v. Keys, 36 Okl. 6, 127 Pac. 261, 45 L. R. A. (N. S.) 178, Ann. Cas. ”