In Re Estates of Donnelly

502 P.2d 1163, 81 Wash. 2d 430, 60 A.L.R. 3d 620, 1972 Wash. LEXIS 747
CourtWashington Supreme Court
DecidedNovember 14, 1972
Docket42081
StatusPublished
Cited by41 cases

This text of 502 P.2d 1163 (In Re Estates of Donnelly) is published on Counsel Stack Legal Research, covering Washington 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 Estates of Donnelly, 502 P.2d 1163, 81 Wash. 2d 430, 60 A.L.R. 3d 620, 1972 Wash. LEXIS 747 (Wash. 1972).

Opinions

Neill, J.

May an adopted child inherit from her natural grandparents? Both the trial court and the Court of Appeals (5 Wn. App. 158, 486 P.2d 1158 (1971)), answered “yes.” We granted review (79 Wn.2d 1010 (1971)), and disagree. In speaking of heirs and inheritance, we refer to [432]*432the devolution of property by law in intestacy and not by testamentary or other voluntary disposition.

John J. and Lily Donnelly, husband and wife, had two children, a daughter, Kathleen M., now Kathleen M. Kelly, and a son, John J., Jr. The son had one child, Jean Louise Donnelly, bom October 28, 1945. Jean Louise’s father, John J. Donnelly, Jr., died on July 9, 1946, less than a year after her birth. Her mother, Faith Louise Donnelly, married Richard Roger Hansen on April 22, 1948. By a decree entered August 11, 1948, Jean Louise was adopted by her stepfather with the written consent of her natural mother. She lived with her mother and adoptive father as their child and kept the name Hansen until her marriage to Donald J. Iverson. Thus she is a party to this action as Jean Louise Iverson.

Lily Donnelly, the grandmother, died October 7, 1964, leaving a will in which she named but left nothing to her two children. All of her property she left to her husband, John J. Donnelly, Sr., Jean Louise Iverson’s grandfather.

John J. Donnelly, Sr., the grandfather, died September 15, 1970, leaving a will dated October 16, 1932, in which he left his entire estate to his wife, Lily, who had predeceased him. He, too, named but left nothing to his two children, and made no provision for disposition of his property in event his wife predeceased him. His daughter, Kathleen M. Kelly, as administratrix with wills annexed of the estates of her parents, brought this petition to determine heirship and for a declaration that Jean Louise Iverson, the granddaughter, take nothing and that she, Kathleen M. Kelly, the daughter, be adjudged the sole heir of her mother and father, Lily and John J. Donnelly, Sr., to the exclusion of Jean Louise Iverson, her niece and their granddaughter.

The trial court decided that each was' an heir. It concluded that Jean Louise Iverson, daughter of John J. Donnelly, Jr., and granddaughter of his father, John J. Donnelly, Sr., should inherit one-half of the latter’s estate and that Kathleen M. Kelly, daughter of John J. Donnelly, Sr., should inherit the other half of the estate.

[433]*433Kathleen M. Kelly, the daughter of decedent, appealed to the Court of Appeals which affirmed, and now to this court. With the issue recognized to be close and of general importance, we granted review (79 Wn.2d 1010 (1971)).

As the trial court in its memorandum opinion and the Court of Appeals noted, the issue is whether RCW 11.04.085, which says that an adopted child shall not be deemed an heir of his natural parents, cuts off the inheritance from the natural grandparents as well. The Court of Appeals put the question precisely, at page 159:

In Washington, may a natural granddaughter inherit from her intestate grandparents, notwithstanding her adoption by her stepfather after the death of her natural father, the son of the decedent grandparents?

The sole beneficiary under his will having predeceased him, John J. Donnelly, Sr., died intestate. In re Estates of Sims, 39 Wn.2d 288, 235 P.2d 204 (1951). His estate would thus pass by the statutes governing intestacy according to RCW 11.04.015, which says:

The net estate of a person dying intestate . . . shall be distributed as follows:
(2) . . . the entire net estate if there is no surviving spouse, shall descend and be distributed . . .
(a) To the issue of the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or if of unequal degree, then those of more remote degree shall take by representation.

(Italics ours.)

Issue “includes all of the lawful lineal descendants of the ancestor.” RCW 11.02.005(4). A descendant is one “who is descended from another; a person who proceeds from the body of another, such as a child, grandchild.” Black’s Law Dictionary 530 (4th rev. ed. 1968). Thus, both the daughter and granddaughter are descendants and issue of John J. Donnelly, Sr. The daughter under the descent and distribution statutes would take as the most immediate descendant, and the granddaughter being of more remote degree would take by representation as' the sole issue of her [434]*434deceased father who stood in the same degree of kinship to John J. Donnelly, Sr., as did Kathleen M. Kelly. RCW 11.04.015.

RCW 11.02.005 (3) states:

[Ejach share of a deceased person in the nearest degree shall be divided among those of his issue who survive the intestate and have no ancestor then living who is in the line of relationship between them and the intestate, those more remote in degree taking together the share which their ancestor would have taken had he survived the intestate.

Thus, a statutory right to inherit one-half of the grandfather’s estate is vested in Jean Louise Iverson, the granddaughter, unless that right is divested by operation of RCW 11.04.085, which declares that an adopted child is not to be considered an heir of his natural parents:

A lawfully adopted child shall not be considered an “heir” of his natural parents for purposes of this title.

When the question of the right of an adopted child to inherit from his natural parents came before us, the intent of the legislature was clear from the literal language of the statute. We held that RCW 11.04.085 prevents an adopted child from taking a share of the natural parent’s estate by intestate succession. In re Estate of Wiltermood, 78 Wn.2d 238, 242-43, 472 P.2d 536 (1970). However, reference to the literal language of RCW 11.04.085 does not answer the instant question, i.e., whether, by declaring that an adopted child shall not take from his natural parent, the legislature also intended to remove the adopted child’s capacity to represent the natural parent and thereby take from the natural grandparent.

The purpose of statutory interpretation is to ascertain and give effect to the intent of the legislature.

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Cite This Page — Counsel Stack

Bluebook (online)
502 P.2d 1163, 81 Wash. 2d 430, 60 A.L.R. 3d 620, 1972 Wash. LEXIS 747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estates-of-donnelly-wash-1972.