Peoples National Bank v. Schaeffer

396 P.2d 786, 65 Wash. 2d 260, 1964 Wash. LEXIS 473
CourtWashington Supreme Court
DecidedNovember 19, 1964
DocketNo. 36941
StatusPublished
Cited by1 cases

This text of 396 P.2d 786 (Peoples National Bank v. Schaeffer) 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
Peoples National Bank v. Schaeffer, 396 P.2d 786, 65 Wash. 2d 260, 1964 Wash. LEXIS 473 (Wash. 1964).

Opinions

Weaver, J.

At the time of his death H. A. Kurtzman was the owner of 1,499 shares of the capital stock of the James Henry Packing Company and of certain furniture, all of which had been bequeathed to him by his aunt, Sophia Braman Henry, his mother’s sister.

Decedent, who died intestate, was not survived by spouse, issue, parents, brothers, sisters, nieces, nephews, grandparents, uncles or aunts, nor was he survived by any kindred of the half blood. He was survived by nine paternal first cousins (respondents)1 who are of the fourth degree of kinship, all descendants of his paternal grandparents (the Kurtzman blood line); and (b) by two maternal first cousins once removed (appellants) who are of the fifth degree of kinship, descendants of his maternal grandparents (the Braman blood line). Sophia Braman Henry, who bequeathed the specific property in question to decedent, was the great aunt of appellants and their grandmother by her adoption of their mother.

For simplicity, we set forth the following genealogy chart.

[262]*262In response to a petition for the determination of heir-ship, appellants claimed the right to inherit the property which had been bequeathed to decedent by Sophia Braman Henry.

Appellants appeal from an order declaring that they are not heirs of decedent and are not entitled to inherit from his estate.

Basically, appellants argue that they are entitled to inherit the property bequeathed to decedent by his maternal aunt by reason of Laws of 1945, chapter 72 (RCW 11.04-.100). Appellants’ claim to this personal property was presented to the trial court upon the theory that the 1945 statute establishes the ancient common law doctrine of “ancestral property” thus keeping ownership of the corporate stock and furniture in the blood line of the perquisitor, Sophia Braman Henry.

For clarity, we separate and designate the clauses of RCW 11.04.100 as follows:

1. “The degree of kindred shall be computed according to the rules of the civil law, and”
2. “the kindred of the half blood shall inherit equally with those of the whole blood in the same degree,”
3. “unless the inheritance comes to the intestate by descent, devise, or gift from one of his ancestors, or kindred of such ancestor’s blood, in which case all those who are not of the blood of such ancestors shall be excluded from such inheritance: . . . ”

The first two clauses of RCW 11.04.100, which form a compound sentence, are of ancient lineage. They were adopted by the first territorial legislature (Laws of 1854, chapter 11, § 235, p. 307) .2 The statute remained unchanged until 1945, when it was reenacted with the addition of clause 3 supra by Laws of 1945, chapter 72.

Appellants present the issues of law thus:

1. “Did the Washington legislature, by chapter 72, Laws of 1945, intend to establish a preference in favor of the kin[263]*263dred of ancestors devolving property upon decedents?”
2. “Would such a preference modify the inheritance pattern set up by RCW 11.04.020 (6) and 11.04.030 (3) as to the general class of next of kin?”
3. “Would such a legislative preference in favor of the kindred of devolving ancestors apply to both real and personal property?”

Respondents restate the issue as follows:

“In enacting the amendment by chapter 72, Laws of 1945, did the legislature intend to create a preference for decedent’s heirs who were of the blood of the perquisitor (as claimed by appellants), or did the legislature intend the amendment as a limitation on the right of half bloods to inherit (as found by the court) ?”

We find respondents’ statement of the issue more precise for it pinpoints the problem of whether the legislature in 1945 intended (a) to revamp the entire scheme of descent and distribution in this jurisdiction to encompass the doctrine of ancestral property, or (b) to limit the right to inherit by those who are of the half blood. It is undisputed that there are no kindred of the half blood surviving the intestate.

Our problem is one of statutory interpretation. The fundamental object of judicial construction or statutory interpretation is to ascertain, if possible, and to give effect to, the intention of the legislature in enacting a particular statute (Martin v. Aleinikoff, 63 Wn. (2d) 842, 389 P. (2d) 422 (1964)); and in doing so, our first resort is to the context and subject matter of the legislation “ . . . because the intention of the lawmaker is to be deduced, if possible, from what it said.” Lynch v. Department of Labor & Industries, 19 Wn. (2d) 802, 806, 145 P. (2d) 265 (1944).

The original statute contained two relatively unrelated subjects—the method of computing kinship (clause 1), and the inheritance rights of kindred of the half blood (clause 2). They were expressed in a compound sentence, the two clauses being joined by the conjunction “and,” but separated by a comma.

First: Appellants argue that the “unless” clause (clause [264]*2643) modifies clause 1, so that the statute would read as follows:

“The degree of kindred shall be computed according to the rules of the civil law, . . . unless the inheritance comes to the intestate by descent, devise, or gift from one of his ancestors, or kindred of such ancestor’s blood, in which case all those who are not of the blood of such ancestors shall be excluded from such inheritance: . . . ”

Both parties seem to agree that had a period or a semicolon been placed after the first clause of RCW 11.04.100, there would be no question for us to resolve. We note that in nearly every state having a similar statute a period or semicolon is placed after that part dealing with the computation of the degree of kindred (clause 1) or it is embodied in a separate section of the statutes of descent. We do not believe, however, that a problem of this moment should be decided solely by rules of punctuation. There are more cogent rules of statutory construction.

Appellants’ interpretation ignores the rule announced in Davis v. Gibbs, 39 Wn. (2d) 481, 236 P. (2d) 545 (1951), in which we said:

“Where no contrary intention appears in a statute, relative and qualifying words and phrases, both grammatically and legally, refer to the last antecedent.” (See supporting authorities.)

The last antecedent is the last word, phrase or clause that can be made an antecedent without impairing the meaning of the sentence.

Application of this rule to the instant case leads to the conclusion that the restrictive, adverbial clause introduced by “unless the inheritance . . .

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Related

In Re Kurtzman's Estate
396 P.2d 786 (Washington Supreme Court, 1964)

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Bluebook (online)
396 P.2d 786, 65 Wash. 2d 260, 1964 Wash. LEXIS 473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peoples-national-bank-v-schaeffer-wash-1964.