In re Estate of Big Spring

Montana Supreme Court Decides In re Estate of Big Spring — Exclusive Tribal Court Jurisdiction over On-Rez Probate

Matthew L.M. Fletcher

Here is the opinion: Big Spring Opinion.

An excerpt:

Julie Big Spring (Julie) and William F. Big Spring III (William) appeal the order of the Ninth Judicial District Court, Glacier County, denying their motion to dismiss for lack of subject matter jurisdiction. They challenge the District Court’s assumption of jurisdiction over the probate of the estate of their father, William F. Big Spring, Jr. (Big Spring), an enrolled member o f the Blackfeet Tribe whose estate property was located within the exterior boundaries of the Blackfeet Indian Reservation at the time o f his death. We reverse the District Court’s order and hold that the Blackfeet Tribal Court has exclusive jurisdiction over the probate of Big Spring’s estate (the Estate).

Here are the briefs.

Blackfeet Tribe Amicus Brief in State Court Probate Jurisdiction Case

Matthew L.M. Fletcher

The case is captioned In re Estate of Big Spring (Mont. S. Ct.). Here is the brief: Blackfeet Amicus Brief.

An excerpt from the brief:

This case comes before this Court on the appeal of the Appellants from the decision of the Ninth Judicial District of Glacier County which ruled against a Motion to Dismiss by the Appellants based on the lack of subject matter jurisdiction over the estate of William Big Spring, II, an enrolled member of the Blackfeet Tribe, who, at the time of his death was a resident of the Blackfeet Reservation and whose estate consisted of both trust and fee land solely within the exterior boundaries of the Blackfeet Reservation. The District Court stated that there was concurrent jurisdiction over this property and that the District Court was therefore the proper forum for the probate of this Indian-owned fee land.

Appellants argue that the State District Court is without jurisdiction over the probates of resident enrolled members of the Blackfeet Tribe. Appellants further state that the probate of the trust land of such persons is vested in the Administrative Courts of the United States and that the probate of the fee land is vested, exclusively in the Blackfeet Tribal Court. That is also the view of the Blackfeet Tribe as seen in this Amicus Brief.