The Gazette reports that one more heir has come forward to challenge Billings Catholic Schools’ effort to take over the deed to its former middle school building and sell it.

David Cunningham’s attorney filed a court brief today seeking to claim his family’s one-sixth interest in the former site of St. Francis Upper. The court filing reportedly claims that Kate Fratt, the wealthy Billings widow who gifted the property to the Catholic Diocese of Billings more than a century ago, intended to leave part of the property’s value to family members as noted in the school’s deed and Fratt’s will. Fratt donated the land and money to the Diocese to build a school in 1916. She stipulated in the deed that if the property wasn’t used as a parochial school, interest in the title reverts to other parties.