In the 1925 case of First Moon v. White Tail and United States, the U.S Supreme Court was tasked with determining whether a will executed by an Indian allottee could be admitted to probate in state court without approval from the Secretary of Interior. The plaintiff, First Moon, contested that his deceased wife's will (which left her property to White Tail) should not have been approved as it did not receive said authorization. However, the Supreme Court ruled against him stating that under Section 8 of Act May 29, 1908 - which provided for descent and distribution according to laws of State or Territory where such lands are located - no federal law required approval from Secretary before admitting an Indian’s will into probate in state courts. Therefore, they upheld its validity even though it had not received prior consent from the Secretary of Interior.

The dissenting opinion in the First Moon v. White Tail and United States case argued that the majority's decision to deny First Moon's claim of ownership over a tract of land was incorrect. The dissenting justices believed that there were significant errors made during the trial, particularly regarding evidence interpretation and application of relevant laws. They contended that First Moon had been granted rights to this land through treaties with his tribe, which should have superseded any subsequent claims by other parties or government entities. Furthermore, they criticized the majority for not adequately considering historical context and tribal customs when making their judgment. In essence, they felt that indigenous rights were being overlooked in favor of federal interests.