Charles, Morris A. (K.), Estate of, 3 IBIA 68 (1974)

Extract

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Charles, Morris A. (K.), Estate of, 3 IBIA 68 (1974)

This is an order of reopening and remand to an Administrative Law Judge to correct error by the conduct of new and further proceedings.

Remanded.

1. Indian Probate: Reopening: Waiver of Time Limitation--Indian Probate: ecretary's Authority: Generally Where it becomes necessary, the Secretary in the exercise of the discretion reserved in 43 CFR 4.5 and 43 CFR 4.242(h), may authorize or direct reopening of an Indian probate closed for less than three years for further proceedings necessary to the possible correction of an error or omission in the original probate.

IBIA 75-13

2. Indian Probate: Yakima Tribes: Generally Under the Act of December 31, 1970 (84 Stat. 1874); 25 U.S.C. § 607, it is necessary that an administrative law judge shall make a finding as to the right of the Yakima Tribe to take the interest of an heir or devisee and also a finding, after appraisal, of the fair market value of the interest which the Tribe elects to take.

APPEARANCES: Arthur W. Kirschenmann of the law firm of Kirschenmann, Devine, and Fortier, for Philip Brendale.

OPINION BY CHIEF ADMINISTRATIVE JUDGE MCKEE

This matter comes on for consideration as a proceeding collateral to and conducted in conjunction with consideration of the complaint filed in the United States District Court for the Eastern District of Washington, in the action entitled Philip Brendale as Executor of the Estate of Caroline B. Charles, Deceased v. the United States of America, et al., Civil Action No. C-74-21 filed February 1, 1974.

A...

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