5 NICS App. 152, IN RE ESTATE OF GUTHRIE (November 1999)

IN THE METLAKATLA TRIBAL COURT OF APPEALS

METLAKATLA INDIAN COMMUNITY

METLAKATLA, ALASKA

In Re Estate of Solomon Guthrie

No. 98-1 (November 2, 1999)

SUMMARY

Appellant Herb Guthrie appeals from a Magistrate’s Court order to pay monies to the estate of Soloman Guthrie. The tribal code does not allow appeals from Probate Court determinations unless the Probate Ordinance is alleged to have been violated. Appellant did not allege the Probate Ordinance had been violated; therefore the Court of Appeals has no jurisdiction to hear the appeal. Appeal dismissed.

FULL TEXT

Before:            Lorintha Warwick, Chief Justice; Douglas W. Luna, Justice; Rose E. Purser, Justice.

Appearances:  Herb Guthrie, Appellant, pro se; Bernard Guthrie and Myranell Bergtold, on behalf of the estate of Solomon Guthrie.

THIS MATTER came before the Metlakatla Court of Appeals pursuant to Appellant Herb Guthrie’s Notice of Appeal filed on February 13, 1998. Appellant appeals from the February 5, 1998, Magistrate’s Court order to pay monies to the estate of Solomon Guthrie.

I. JURISDICTION

This Court has personal jurisdiction over the parties because they are members of the Metlakatla Indian Community. The act which is the subject of this appeal occurred within the exterior boundaries of the Metlakatla Indian Reservation, giving rise to this Court’s territorial jurisdiction. This Court’s subject matter jurisdiction over this matter must be established as a prerequisite to further review and determination of this appeal.

II. DISCUSSION

On October 9, 1997, the Metlakatla Indian Community Magistrate’s Court issued an Order Determining Heirs and Making Distribution with regard to the estate of Solomon Guthrie. In that order, the court found, inter alia, that there was:

5 NICS App. 152, IN RE ESTATE OF GUTHRIE (November 1999) p. 153

[A]n Account Payable from Herb Guthrie to the decedent in the amount of $4,459.83, for a loan . . . which decedent had with First Bank. Decedent paid off the loan to First Bank prior to his death. The amount of $4,459.83 is due and payable to decedent’s estate. . . .

In a subsequent order dated February 5, 1998, the Magistrate’s Court ordered Appellant Herb Guthrie to pay $4,459.83 to the estate of Solomon Guthrie. It is from this order that Appellant appeals, alleging that the amount due was the result of a promissory note and contractual agreement between Solomon Guthrie, a third party, and himself. Appellant further alleges that at the time of the probate proceedings, he had already paid over half of the debt owed to Solomon Guthrie.

Section 2.2.3 of the Metlakatla Code provides:

No appeal is allowed from determinations of the Probate Court except those alleged to be in violation of this ordinance. Appeals must allege violations with specificity and must be filed with the appellate court not later than thirty (30) days after the Probate Court determination is issued.

Appellant fails to allege any violation of the Probate Ordinance. In fact, during oral argument before this Court, Appellant admitted that the Probate Ordinance has not been violated. The language of

§2.2.3. is clear. This Court has no jurisdiction to hear an appeal which does not allege a violation of the Probate Ordinance.

III. ORDER

Therefore, based on the foregoing, this appeal is hereby dismissed. Mr. Guthrie shall commence making payments immediately to the estate of Solomon Guthrie. Payment of $4,459.83 shall be made in six, equal, monthly installments. The first payment, in the amount of $743.31, shall be due no later than Friday, November 5, 1999. Each subsequent payment shall be made no later than the fifth day of each month until the entire amount has been remitted. Payments shall be made in the form of cash or a cashier’s check and shall be remitted to the Chief Magistrate of the Metlakatla Magistrate’s Court, who shall issue a receipt to Mr. Guthrie and promptly disburse the funds to the estate.

The Magistrate Court’s order of February 5, 1998, refers to a bill for fuel oil which may be deducted from the amount Mr. Guthrie owes the estate. Any request for such deduction must be accompanied by the bill and must be presented to the Magistrate’s Court for consideration.

Failure to comply in a timely manner with the terms of this order shall render Appellant subject to contempt proceedings before the Probate Court.