Calvert v Geiger et al
Annotate this Case
Download PDF
February 16 2011
DA 10-0306
IN THE SUPREME COURT OF THE STATE OF MONTANA
2011 MT 24N
CHERYL CALVERT,
Plaintiff and Appellant,
v.
CAROLYN GEIGER, individually and as
Personal Representative of the ESTATE
OF EUNICE JEANETTE “JEAN” SKELTON,
Defendant and Appellee.
APPEAL FROM:
District Court of the Fourteenth Judicial District,
In and For the County of Musselshell, Cause No. DV-05-11
Honorable E. Wayne Phillips, Presiding Judge
COUNSEL OF RECORD:
For Appellant:
Kirk D. Evenson, Marra, Sexe, Evenson & Bell, P.C.,
Great Falls, Montana
For Appellee:
Court E. Ball, Towe, Ball, Enright, Mackey & Sommerfeld, P.L.L.P.,
Billings, Montana
Submitted on Briefs: January 26, 2011
Decided: February 16, 2011
Filed:
__________________________________________
Clerk
Justice Jim Rice delivered the Opinion of the Court.
¶1
Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal
Operating Rules, as amended in 2006, the following memorandum decision shall not be cited as
precedent. It shall be filed as a public document with the Clerk of the Supreme Court and its
case title, Supreme Court cause number and disposition shall be included in this Court’s
quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports.
¶2
Cheryl Calvert appeals from the judgment entered by the Fourteenth Judicial District
Court, Musselshell County, regarding the Estate of her deceased mother, Eunice Jeannette “Jean”
Skelton. She challenges the District Court’s interpretation of her mother’s Will and the resulting
distribution of estate assets.
¶3
Calvert filed a complaint in March 2005 against her sister, Carolyn Geiger, personally
and as Personal Representative of the Skelton Estate, alleging negligent misrepresentation, fraud,
constructive fraud, and breach of fiduciary duty by Geiger in the probate of the Estate.1
According to her complaint, the Estate had been probated and closed several years earlier. A
bench trial was conducted on September 17, 2007, and the District Court issued “Findings of
Fact, Analysis and Order” on December 20, 2007. On January 22, 2008, Geiger filed a “Notice
of Entry of Findings of Fact, Analysis and Order,” serving Calvert with a copy of the notice.
Nothing happened thereafter until May 2008, when Calvert filed a motion to enforce the court’s
order of December 20, 2007. After hearing, the District Court issued an order on September 19,
2008, which largely denied Calvert’s motion. Calvert then filed a notice of appeal and, after it
was returned for deficiencies by the Clerk of this Court, filed a motion for entry of judgment in
Calvert brought additional claims against other parties which were dismissed during the course
of the proceeding and are not at issue in this appeal.
2
1
the District Court. Geiger resisted, arguing that the “Findings of Fact, Analysis and Order”
entered by the court in December 2007, followed by her notice thereof, constituted the final
judgment. The District Court granted Calvert’s motion and entered judgment on May 25, 2010,
after which Calvert filed a notice of appeal on June 23, 2010.
¶4
Calvert argues that the District Court erred by failing to conclude that her mother’s
intention under her Will was to divide all of the assets of the Estate equally between her and
Geiger, and not just a portion of those assets, as determined by the District Court. Alternatively,
she argues that she is entitled to a life estate in certain Montana real property. Geiger challenges
the distribution as well, arguing that the District Court erred by failing to conclude that the
unambiguous intent of the Will was to give all of the Estate’s assets to Geiger, who was then to
distribute the assets in accordance with the instructions given to her by her mother. However,
Geiger failed to file a cross-appeal to properly preserve her challenge to the District Court’s
determination.
¶5
We have determined it is appropriate to decide this case pursuant to Section I, Paragraph
3(d) of our 1996 Internal Operating Rules, as amended in 2006, which provides for
memorandum opinions. The appeal has not demonstrated error for which the parties are entitled
to relief.
¶6
Affirmed.
3
¶7
/S/ JIM RICE
We Concur:
/S/ MICHAEL E WHEAT
/S/ PATRICIA COTTER
/S/ BETH BAKER
/S/ JAMES C. NELSON
4
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.