Kilkakhan, San Pierre (Sam E. Hill), Estate of, 7 IBIA 240 (1979)

Extract

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Kilkakhan, San Pierre (Sam E. Hill), Estate of, 7 IBIA 240 (1979)

Appeal from order by Administrative Law Judge Robert C. Snashall, 1/ denying petition to reopen.

Reversed and remanded.

1. Evidence: Stipulations--Indian Probate: Reopening: Generally

Upon a showing of probable error in prior order, a reopening pursuant to 43 CFR 206 and 4.242(a) is required. Where nationality of heirs was found to be relevant to the final order of distribution it was error to rely upon an agreed statement which was in conflict with evidence previously admitted to establish nationality.

2. Evidence: Stipulations--Indian Probate: Evidence: Generally

Where a stipulation is used to establish material facts tending to prove nationality, and where nationality of heirs is a material issue in the probate proceedings, the Administrative Law Judge must, pursuant to 43 CFR 4.232(c), determine that all parties and their attorneys understand the stipulation and its effect, and that all consent to the use of the stipulation as evidence to prove the agreed facts.

___________________________ 1/ Prior hearings in this probate were conducted by Administrative Law Judge R. J. Montgomery.

IBIA 79-12

3. Evidence: Stipulations--Indian Probate: Evidence: Generally

Where the record fails to establish the consent of all the parties to a stipulation of fact, the parties may be relieved from the stipulation in the interests of justice.

4. Evidence: Stipulations--Indi...

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