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FORT PECK TRIBAL COURT OF APPEALS
FORT PECK INDIAN RESERVATION
ASSINIBOINE AND SIOUX TRIBES
POPLAR, MONTANA
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"I give, devise and bequeath ail property of every kind                      and character and wherever located, owned by me or in which                      I have any interest at the time of my death, to my wife,                      GENEVIEVE A. McCLAMMY, for and during her natural life, and                      upon her death, I give, devise and bequeath the same unto my                      sons, JOHN TODD McCLAMMY and WILL JAMES McCLAMMY, in equal                      proportions, share and share alike."            

The facts in this case indicate that William T. McClamrny deceased            on November 8, 1988. His wife was appointed as administrator of            his estate and no further probate proceedings were held.                      

On or about May 1, 1991, Genevieve McClammy entered into a            contract with Russell Kirn for the sale of a quonset building            that was on land that had been originally leased by William T.         McClamrny. The agreed sale price was $3,500 of which $1,900 was         paid at the time of the sale. The Appellant John Todd McClamrny,         among others was present at the time of the sale and he agreed        with the sale.

                 Genevieve McClamrny died on August 9, 1991. On September 10,        1991 Russell Kirn paid the balance of $1,600 to Carol Gilham, personal representative of Genevieve's estate. Carol Gilham in        turn used the money to pay outstanding debts of Genevieve McClamrny and to purchase headstones for both William and        Genevieve McClamrny. On June 29, 1992 John Todd McClamrny brought        action against Russell Kirn and Carol Gilham requesting the       Tribal Court to void the transaction between Genevieve McClamrny       and Russell Kirn. Judge Robert Welch dismissed the complaint       against Russell Kirn with prejudice on October 29, 1992.
                

An appeal was filed. On October 13, 1993, it was remanded       to the lower court for determination of two issues namely:

1. Whether Genevieve McClamrny was seized with the full                           ownership right to sell the building without the                           ratification of the plaintiff remaindermen?
2. Whether Genevieve McClamrny sold the quonset as personal representative of the estate of William T. McClammy or
                            sold the quonset for her sole and separate property for
                            her own benefit?

               On April 2, 1996 the honorable Leland Spottedbird issued an     order containing the following conclusions:

1.                      That the plaintiff remaindermen were aware of the                               transaction at the time and had no objection to the                               sale of the building.
2. That Genevieve McClammy sold the quonset building as                              her sole and separate property to continue her moderate                              life style.
                      

Judge Spottedbird then dismissed the complaint against          Russell Kirn. As a result an appeal was filed on July 11, 1996          in this court.
                                                               

RULE OF LAW

                   It is well cited in the Appellee's brief that " ...the         general principle is that the intention of a testator is to be         collected from the entire will, rather than from any particular         clause, sentence, or form of words." When applying the facts of                                                                                                                                                               ; this case to the prevailing law it is clearly seen that William         T. McClammy "intended" to have all his debts paid and to provide i for Genevieve McClammy during her lifetime.                  Additionally it is noted that the remaindermen here had         knowledge of and did not object to the sale of the quonset.
       Considering the fact that the quonset is not considered real        property and remainder interest does not attach, it is the        finding of this court that Genevieve McClammy had the authority        to sell the quonset to Russell Kirn prior to her death.

                 Now therefore it is the order of this court that the lower        court decision is affirmed in all respects.

                 Dated this 30th day of October, 1998.