In Re Estate of Seader

2003 WY 119, 76 P.3d 1236, 2003 Wyo. LEXIS 144, 2003 WL 22176212
CourtWyoming Supreme Court
DecidedSeptember 23, 2003
Docket02-224
StatusPublished
Cited by20 cases

This text of 2003 WY 119 (In Re Estate of Seader) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Estate of Seader, 2003 WY 119, 76 P.3d 1236, 2003 Wyo. LEXIS 144, 2003 WL 22176212 (Wyo. 2003).

Opinions

VOIGT, Justice.

[T1] The district court refused to apply the doctrines of equitable adoption, adoption by estoppel, and virtual adoption to avoid the operation of the anti-lapse statute. The district court also concluded that the testator's will did not evidence an intention that the share of a predeceased devisee pass to that devisee's children. The devisee's children appealed. We affirm.

ISSUES

1. Whether the doctrines of equitable adoption, adoption by estoppel, and virtual adoption are available under Wyoming law to allow the descendents of a predeceased stepchild to be considered lineal descendents of their step-grandfather under the anti-lapse statute? >

2. Whether the district court erred in concluding that the testator's will did not evidence an intention that the share of a predeceased devisee pass to that devisee's children?

FACTS

[12] Julie L. Schroeder (Julie) was born on August 13, 1948 to Mary Allen Cirksana (Mary) and Louis Sylvester Burke.1 When Julie was two years old, Mary married Neil Adam Seader (Neil). At the time of the marriage, Neil agreed to adopt Julie. Over the years, Neil voiced his intention to adopt Julie, and he treated her as if she were his natural daughter. At one time, Mary and Neil discussed adoption with an attorney, but decided not to follow through because of the expense. Neil never did adopt Julie Nevertheless, she used the surname "Seader" as a youth.2

[1238]*1238[18] Neil and Mary had two sons, Neil J. Seader (Neil J.) and Charles Lee Seader (Charles). Mary died in 1966, leaving her entire estate to Neil. Julie had two children, Kim Sanderson (Kim) and Kirk Olive (Kirk). In his Last Will and Testament, dated August 30, 1996, after a few specific bequests, Neil left the residue of his estate to Neil J., Charles, and Julie. Julie died on May 7, 2000. Neil died on July 10, 2000.

[T4] Neils will was admitted to probate on July 21, 2000. On May 2, 2001, the personal representative of the estate filed a Preliminary Report, Accounting and Petition for Distribution, in which he noted that Julie had predeceased Neil and he proposed distributing her one-third residuary interest to Kim and Kirk. Subsequently, Neil J. filed an Objection to Preliminary Report, Accounting and Petition for Distribution, in which he contended that the testamentary devise to Julie had failed pursuant to Wyo. Stat. Ann. §§ 2-6-106 and 2-6-107 (LexisNexis 2003)3 Charles soon thereafter filed a similar objection. That was followed by a Petition for Declaration of Status as Beneficiaries of Estate filed by Kim and Kirk,. Finally, Neil J. and Charles filed a Motion for Summary Judgment.

[15] On February 22, 2002, the district court issued its Order Granting Summary Judgment. The district court concluded that the residuary devise to Julie failed because she predeceased Neil and she was not Neil's "grandparent" or a "lineal descendent" of Neil's grandparent, as required by the anti-lapse statute.4 The district court also held that Neil's will was clear and unambiguous and that it contained no indication that it was Neil's intention to have Kim and Kirk inherit their mother's share of the estate. Several months later, the Order Approving Accounting, and Decree of Distribution incorporated the provisions of the summary judgment order. This appeal followed.

STANDARD OF REVIEW

[T6] We recently reiterated our standard for review of summary judgments granted under W.R.C.P. 56;

When a motion for summary judgment is before this court, assuming there is a complete record, we have exactly the same duty and materials as did the district court and must follow the same standards. Hoblyn v. Johnson, 2002 WY 152, ¶ 11, 55 P.3d 1219, ¶ 11 (Wyo.2002). The propriety of granting summary judgment depends upon the correctness of a court's dual findings that there is no genuine issue as to any material fact and the prevailing party is entitled to judgment as a matter of law. Id. This court looks at the record from the viewpoint most favorable to the party opposing the motion, giving to him all the favorable inferences which may be drawn from the facts contained in affidavits, depositions, and other materials appearing in the record. Id.
The party moving for summary judgment bears the initial burden of establishing a prima facie case for a summary judgment. If the movant carries this burden, the party opposing the summary Judgment must come forward with specific facts to demonstrate that a genuine issue of material fact does exist. Eklund v. PRI [1239]*1239Environmental, Inc., 2001 WY 55, ¶ 10, 25 P.3d 511, ¶ 10 (Wyo.2001). A material fact has been defined as a fact upon which the outcome of the litigation depends in whole or in part. Hoblyn, 2002 WY 152, ¶ 11, 55 P.3d 1219, ¶ 11.

Bertagnolli v. Louderback, 2003 WY 50, ¶¶ 10-11, 67 P.3d 627, 630-31 (Wyo.2003).

DISCUSSION

Tag Aporrmion

[17] Julie died two months before Neil died. Had she survived him, she would have taken one-third of his residuary estate under his will. Had she been his biological daughter or his legally adopted daughter, her share of his estate would have gone to Kim and Kirk pursuant to Wyo. Stat, Ann. § 2-6-106. Likewise, had she been his biological daughter or his legally adopted daughter, and bad he died intestate, her share of his estate would have gone to Kim and Kirk.5 She was not, however, legally adopted. As a result, in an effort to take in her stead under Neil's will, Kim and Kirk now seek equitable recognition of adoptive status for their mother.6

[T8] We previously have held that "adoption at common law was unknown and, therefore, the adoption of minor children as well as the rights and liabilities emanating therefrom are governed by statutory provisions concerning descent, distribution, and adoption." - In re Randall's Estate, 506 P.2d 432, 432-33 (Wyo.1973)7 We also previously have held that substantial conformity with all statutory requirements is necessary to effectuate a legal adoption. Matter of Adoption of AMD, 766 P.2d 550, 552 (Wyo.1988). The present question is whether, under the circumstances of this case, equity should interpose itself where no legal adoption took place.

[19] It will be helpful to preface our discussion of this issue with a consideration of the basic concepts that are involved, beginning with the meaning of "adoption." Where, as in Wyoming, that term is not statutorily defined, the courts have supplied a definition:

In this regard, "adoption" has been defined by some courts as the establishment or creation of a legal relationship of parent and child between persons who were not so related by nature or law, whereupon the person adopted becomes the legal heir of his or her adopter, and the rights and duties of domestic relation with the adop-tee's natural parents are terminated. It has been said that adoption is the legal equivalent of biological parenthood, so that a decree of adoption renders the adoptees, for all intents and purposes, the child of the adoptive parent.

2 Am.Jur.2d, Adoption § 1 at 869 (1994) (footnotes omitted).8

[1240]

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Bluebook (online)
2003 WY 119, 76 P.3d 1236, 2003 Wyo. LEXIS 144, 2003 WL 22176212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-seader-wyo-2003.