Matter of Estate of McCue

776 P.2d 742, 1989 Wyo. LEXIS 162, 1989 WL 72156
CourtWyoming Supreme Court
DecidedJune 30, 1989
Docket88-107
StatusPublished
Cited by13 cases

This text of 776 P.2d 742 (Matter of Estate of McCue) 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
Matter of Estate of McCue, 776 P.2d 742, 1989 Wyo. LEXIS 162, 1989 WL 72156 (Wyo. 1989).

Opinions

MACY, Justice.

This is an appeal from an order of the probate court accepting an appraisal of decedent’s interest in the surface of ranch lands.

We affirm.

Appellant Robert A. McCue raises the following issues on appeal:

1. Whether the purchase price for land under an ambiguous testamentary option is governed by the court-approved stipulation between all interested parties, setting out the proper means for determining said purchase price.
2. Whether the probate court abused its discretion in approving and accepting an appraisal that was performed and prepared in violation of the court’s order and instructions to appraisers.

On January 28, 1983, James A. McCue, appellant’s father, executed his Last Will and Testament, which contained the following provision:

I hereby direct my Executor hereinafter named to sell all real property which I may own at the time of my death, provided however, my son Robert A. McCue shall have the first right to purchase said real property at its appraised value.

James A. McCue was thereafter declared incompetent, and appellee Stockmens Bank & Trust Company of Gillette, Wyoming, was appointed the guardian of his estate. On December 27, 1984, all the beneficiaries named in the Last Will and Testament of James A. McCue entered into a stipulation and order with the guardian and a court-appointed guardian ad litem, which provided appellant with a six-month option, effective upon the death of his father, to purchase the ranch

at a value determined by three appraisers, one selected by Robert McCue, one selected by the Executor of the James A. McCue Estate, and the third one selected by the two appraisers so chosen * * *.

James A. McCue died on October 15, 1985, possessed of a 16/29ths interest in the surface of 4,191 acres of ranch lands. After the Last Will and Testament of James A. McCue was admitted to probate, the court, upon a motion of appellee Stockmens Bank & Trust Company of Gillette, Wyoming, as the personal representative of the estate of James A. McCue, deceased, appointed Joe W. King, Milton B. Williams, and Robert E. McKee to appraise the estate. On March 3,1986, they appraised the decedent’s interest in the ranch lands at the time of his death at a value of $140,904.31 ($65 per acre) on the basis of Mr. Williams’ viewing of the property one year prior to the decedent’s death.

On May 13, 1986, a second appraisal was made by Milton B. Williams, George Cla-baugh, and William L. King, who appraised one hundred percent of the interest in the 4,191 acres on April 14, 1986, at a value of $147,500 ($35.19 per acre). Mr. Williams was selected by the personal representative of the estate, Mr. Clabaugh was selected by appellant, and Mr. King was selected by [744]*744joint agreement of appellant and the personal representative.

On April 15, 1986, appellant submitted a letter stating that he wished to exercise his option to buy his father’s land for $35 per acre. The personal representative filed its return of sale on June 23, 1986, requesting that the court set appellant’s purchase offer for hearing because of the disparity between the two appraisals. One day prior to the scheduled hearing, appellees George W. McCue, James E. McCue, Thelma M. Dexter, and Marion L. Allen offered to purchase their father’s surface interest in the 4,191 acres for $94,839.44, an amount they alleged was twenty-five percent above appellant’s offer of $75,871.55.1

Following the hearing, the court entered its order on August 14, 1986, denying confirmation of the sale upon making the findings that there was no good basis for either of the appraisals, that the sale to appellant should be refused, and that a new appraisal of the property should be conducted. The court then ordered that the appraisal be conducted in the following manner:

a. Robert A. McCue will submit the name of a competent real estate appraiser.
b. George W. McCue, James E. McCue, Thelma M. Dexter and Marion L. Allen will submit the name of a competent real estate appraiser.
c. The two appraisers selected will then submit the names of three real estate appraisers with whom they can agree, and along with the names they will submit a brief resume of their qualifications.
d. The court will select a name from the three appraisers submitted to it.
e. The three appraisers as above selected will make an appraisal of the real property and submit it to the court.

The court also ordered that appellant would have sixty days from the date of the filing of the appraisal in which to exercise his option.

For their choices of appraisers, appellant selected William King and appellees George W. McCue, James E. McCue, Thelma M. Dexter, and Marion L. Allen selected A.R. Ostlund. The court selected M.L. Watson from the list of three names provided by Mr. King and Mr. Ostlund. These individuals were appointed as the appraisers and were instructed to appraise the property at its fair market value on the basis of the highest and best use of the premises on the date of the appraisal.

On December 3,1987, appraisers Ostlund and Watson filed their appraisal which valued the surface of the 4,191 acres at $172,-000 (approximately $41 per acre). On December 7, 1987, appraiser King filed his minority report in which he appraised the property at $148,800 ($35.50) per acre. The minority report states:

Mr. Ostlund made available to me the appraisal completed by him and Mr. Watson which I returned unsigned. I was not consulted regarding the sight inspection, comparable sales, analysis, or conclusion. Having already testified before your Court in this matter, and at the time feeling justified with our valuation of $147,500.00 to agree conclusively with Mr. Ostlund’s and Mr. Watson’s valuation, I would have been remiss in my duty at my previous appearance.

On December 31,1987, appellant filed his resistance to the appraisal alleging that his designated appraiser, Mr. King, was not consulted prior to the preparation of the other appraisers’ report and that the appraisal was made off the site and prior to the date for valuation specified in the court’s instructions to the appraisers. On March 3, 1988, the court filed an order accepting the Watson and Ostlund appraisal. This appeal is taken from that order.

Appellant addresses his first issue by questioning the propriety of the court’s appointment of the third appraiser in violation of the court-approved stipulation. Appellant devotes a considerable portion of his brief to contending that the option provision in his father’s will is ambiguous in that it does not provide the manner for determining the appraised value of the [745]*745property and that the court should have complied with the stipulation. Appellant failed to raise these objections at the time the court announced the method it would utilize in appointing the appraisers and in his resistance to the appraisal which was filed and argued to the court, and these objections appear before this Court for the first time on appeal. We see no reason to deviate from our general rule that we will not address issues raised for the first time on appeal, and we continue to decline to do so in this instance.

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Matter of Estate of McCue
776 P.2d 742 (Wyoming Supreme Court, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
776 P.2d 742, 1989 Wyo. LEXIS 162, 1989 WL 72156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-estate-of-mccue-wyo-1989.