Pixley, John (Pete) and Emma Pixley, Estates of, 8 IBIA 70 (1980)

Appeal from an order of Administrative Law Judge William E. Hammett, denying petition to reopen.

Affirmed.

1. Indian Probate: Reopening: Generally

An estate closed for 50 years will not be reopened except in extraordinary circumstances to correct a manifest injustice.

On April 27, 1979, Thelma Griffin filed a petition to reopen the above captioned estates, challenging the order determining heirs in the matter of the Estate of John (Pete) Pixley, dated February 27, 1929, wherein it was determined in part that Lizzie Toby was the surviving spouse of John Pixley and entitled to one-half of his trust estate. Petitioner indicated that her mother, Ivy L. Peters, age 88, widow of Frank Peters, half-brother of John Pixley and Ben Peters; and petitioner's uncle Cecil Peters, age 76, could testify that John Pixley was not married to Lizzie Toby at the time of his demise.

After reviewing the records in the above-named estates Judge Hammett found that the petitioner had not offered sufficient cause or evidence to support a reopening of said estates.

We find after a careful and complete review of these matters that a reopening is not warranted.

In the matter of the heirship of the Estate of Emma Pixley, deceased Washoe Allottee No. 483, Examiner of Inheritance John H. Anderson, on December 31, 1918, found from the evidence adduced at a

IBIA 79-31

hearing concluded on December 31, 1918, that Emma Pixley died intestate, late in the fall of 1897, leaving surviving as her only heir, her husband, John Pixley, to whom her entire estate passed.

In the matter of heirship of the Estate of John (Pete) Pixley, deceased Washoe Allottee No. 482, E. B. Merritt, Assistant Commissioner of Indian Affairs, found on February 26, 1929, from the evidence adduced at a hearing concluded by Examiner of Inheritance John H. Anderson, on January 16, 1929, that John Pixley died intestate on December 3, 1928, having been married twice, first to Emma Pixley, who predeceased him, and then to Lizzie Toby, with whom he was still living at the time of his death. John H. Edmond, Assistant Secretary of the Interior, on February 27, 1929, further found from the evidence adduced at the hearing concluded on January 16, 1929, that the heirs of decedent John Pixley, and their respective shares in his estate, were Lizzie Toby--wife--one-half, and Belle Carson--mother--one-half.

The record establishes that Examiner of Inheritance, John H. Anderson observed all the witnesses and found them to be...