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IN RE ESTATE OF COVINGTON

No. 04-35449.

450 F.3d 917 (2006)

In re the ESTATE OF Matilda COVINGTON, Deceased Colville Indian 101-A1273 IP SA 73 N 01. James Edmonds, Colville Tribal Legal Services, Petitioner-Appellee, v. WIlliam E. Hammett, U.S. Administrative Law Judge, Office of Hearings and Appeals, Department of the Interior; Michael J. Stancampiano, Indian Probate Judge, Office of Hearings and Appeals, U.S. Department of the Interior, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 25, 2006.

Attorney(s) appearing for the Case

Katherine J. Barton, Environmental and Natural Resources Division, United States Department of Justice, Washington, D.C., argued the cause for the appellants. Thomas L. Sansonetti and William H. Beatty, Assistant United States Attorneys, and John A. Bryson, Department of Justice, were on the briefs.

David. J. Groesbeck, Spokane, Washington, argued the cause for the appellee. James R. Bellis, Nespelem, Washington, was on the briefs.

Before DIARMUID F. O'SCANNLAIN, BARRY G. SILVERMAN, and RONALD M. GOULD, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

Rarely does a probate matter find its way into federal court. Here we are presented with a will contest involving a member of an Indian tribe in a Department of the Interior probate proceeding where we must decide whether state or federal law of evidence applies.

I

Matilda Covington, a Colville Indian,1 died on July 13, 1999. On July 9, 1999, shortly before her death, Covington executed a will...

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