“ One is to issue to the allottee a written instrument or certificate, called a trust patent, declaring that the United States will hold the land for a designated period, usually 25 years, in trust for the sole use and benefit of the allottee, or, in case of his death, of his heirs, and at the expiration of that period will convey the same to him, or his heirs, in fee, discharged of the trust and free of all charge or incumbrance. ”

“ It rests with Congress to say which of the two modes shall be followed in respect of the lands of a particular tribe, and this usually is done in the act directing that the lands be allotted. The act of 1889, under which the lands of the confederated tribes were allotted, required that the second mode be following-that of issuing a patent in fee imposing a restriction upon alienation for a fixed period. ”

“ The patent was dated April 8, 1890, conveyed a fee-simple title and imposed a restriction upon alienation for a period of 25 years from its date. Wea died intestate and seized of the land January 23, 1894. Shortly after his death persons claiming to be his heirs executed a conveyance of the land, and on May 4, 1914, this court affirmed a decree against two of the present defendants, canceling that conveyance as made in violation of the restriction. ”