Yellow Eagle, Lena Abbie Big Bear, Estate of, 17 IBIA 237 (1989)

CourtInterior Board of Indian Appeals

Appeal from an order denying rehearing issued by Administrative Law Judge Sam E. Taylor in Indian Probate IP OK 71 P 87.

Affirmed.

  1. Indian Probate: Wills: Publication

There is no requirement in 43 CFR 4.260 that an Indian testatrix publish her will by declaring to the witnesses that it is her last will and testament or that she be the person who requests the witnesses to sign.

On April 17, 1989, the Board of Indian Appeals (Board) received a notice of appeal from Rufus Yellow Eagle, Ida Yellow Eagle Burns, Flora Yellow Eagle Reuben, Beulah Yellow Eagle Penn, and Minnie Yellow Eagle (appellants), seeking review of a February 16, 1989, order denying rehearing issued by Administrative Law Judge Sam E. Taylor in the estate of Lena Abbie Big Bear Yellow Eagle (decedent). For the reasons discussed below, the Board affirms that decision.

Background

Decedent, Cheyenne Unallottee 801U5843, was born on August 12, 1903, and died on January 20, 1986. Hearings to probate her trust estate were held by Judge Taylor on September 7, October 21, and December 9, 1987. Testimony showed that decedent had nine children, two of whom predeceased her. Decedent's surviving children were Rose Yellow Eagle Wassana, John Leonard Yellow Eagle, Jr., and the present appellants. Her predeceased children were Andrew Yellow Eagle, Sr., and Delos Yellow Eagle. Andrew Yellow Eagle, Sr., was survived by issue; Delos Yellow Eagle was not.

Evidence was presented at the hearing indicating that decedent had executed a will on February 21, 1984. Under this will, decedent divided her entire trust estate between Rose Yellow Eagle Wassana and John Leonard

IBIA 89-27

Yellow Eagle, Jr. (appellees). Appellants contested decedent's will on the grounds that she was not competent and was acting under undue influence when she executed the will, and the will was not properly witnessed.

By order dated October 31, 1988, Judge Taylor found against appellants and approved decedent's will. Appellants sought rehearing on the ground that the will was not properly executed. By order dated February 16, 1989, Judge Taylor denied rehearing, noting that appellants had not alleged any new evidence in the petition for rehearing.

The Board received appellants' notice of appeal from Judge Taylor's order denying rehearing on April 17, 1989. Both appellants and appellees have filed briefs on appeal.

Discussion and Conclusions

On appeal, appellants argue only that the will was not properly executed because it...

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