Wik v. Wik ex rel. Juliussen

681 P.2d 336, 1984 Alas. LEXIS 292
CourtAlaska Supreme Court
DecidedApril 20, 1984
DocketNo. 7765
StatusPublished
Cited by3 cases

This text of 681 P.2d 336 (Wik v. Wik ex rel. Juliussen) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wik v. Wik ex rel. Juliussen, 681 P.2d 336, 1984 Alas. LEXIS 292 (Ala. 1984).

Opinion

OPINION

BURKE, Chief Justice.

Sophia E. Wik appeals from a decision of the superior court granting Commercial Fisheries Entry Commission salmon set gill net limited entry permit No. S04H 60778S to Ralph Royden Wik, Jr. Mrs. Wik claims that the trial court misconstrued AS 16.43.150(h) when it treated the permit in question as personal property for purposes of inheritance, and that the trial court erroneously considered hearsay testimony in determining the intent of the deceased permit holder, Alec Wik, Sr. We affirm. We hold that, except in the limited circumstances set forth in AS 16.43.150(h), limited entry permits are to be treated as ordinary personal property for inheritance purposes. We do not reach the hearsay issue, because any error which the trial court may have made in admitting the challenged testimony is harmless.

I

The facts which dictate the outcome of this case are not in contention. On June 20, 1972, Alec Wik, Sr. executed a will, leaving all of his personal property and a parcel of real property to his son, Ralph Royden Wik, Sr. Ralph Wik, Sr. was sole devisee under the will. After executing this will, Alec Wik, Sr., a fisherman, acquired salmon set gill net limited entry permit No. S04H 60778S. Ralph Wik, Sr. later died, predeceasing his father, Alec Wik, Sr. Ralph, Sr. was survived by his wife, Eilene Wik, and a son, Ralph, Jr.

Alec Wik, Sr. died on September 21, 1980. At the time of his death he was married to, but living apart from, Sophia E. Wik. He was further survived by two sons, Erik Wik and Alec Wik, Jr., a daughter, Gloria Jean Juliussen, and a grandson, Ralph Wik, Jr. Alec, Sr.’s will of June 20, 1972 was subsequently admitted to probate, and, construed in accordance with AS 13.11.2351 and AS 13.11.240,2 operated to pass all of Alec Wik Sr.’s personal property to Ralph Royden Wik, Jr.

The probate court, Judge Victor D. Carlson presiding, did not determine what effect the will had on the disposition of the limited entry permit. Instead, it noted the applicability of AS 16.43.150(h), which reads:

[338]*338Upon the death of an entry permit holder, the permanent permit shall be transferred by the [CFEC] directly to the surviving spouse by right of survivorship unless a contrary intent is manifested. When no spouse survives, the rights of the decedent pass as part of the decedent’s estate.

The court determined that the Commercial Fisheries Entry Commission (CFEC) was the proper forum to decide whether Alec Wik, Sr.’s will manifested the “contrary intent” called for by the statute. It directed Sophia, the surviving spouse, and Ralph, Jr., the taker under the will, to take their dispute over the permit to the CFEC. The CFEC, however, refused to hear the case, stating that the matter was beyond its jurisdiction.

Thereafter, the present case was initiated in superior court before Judge Cranston. The court heard evidence and decided that Alec Wik Sr.’s will, in conjunction with statements made by him to family members, manifested “contrary intent” sufficient to remove the permit from the ambit of AS 16.43.150(h). The court then treated the permit as personal property, awarding it to the beneficiary under the will, Ralph Wik, Jr. We affirm the order of the superior court. However, we hold that the will itself provides sufficient evidence of Alec, Sr.’s “contrary intent” to remove the permit from AS 16.43.150(h)’s scheme.3 The will also operates to pass the permit to Ralph Royden Wik, Jr.

II

The question before us concerns the interpretation of AS 16.43.150(h), and the method in which a permit holder must manifest a “contrary intent” sufficient to insure that his permit will pass otherwise than to his spouse “by right of survivor-ship.” A second question concerns what happens to those permits for which such an intent is sufficiently manifested. The statute is silent as to these matters.

We begin our analysis with an examination of the statutory scheme into which section 150(h) was inserted, for we assume that whenever the legislature enacts a provision, it has in mind previous statutes relating to the same subject matter. Hafling v. Inlandboatmen’s Union of the Pacific, 585 P.2d 870, 877 (Alaska 1978).

AS 16.43.150(h) was enacted in 1977, four years after the initial enactment of the Limited Entry Act (AS 16.43.010-.990). Prior to the enactment of section 150(h), all limited entry permits were subject to the probate provisions of the Alaska Statutes (AS Title 13).4 By enacting AS 16.43.-180(b), the legislature insured that permits' would devolve according to the wishes of their holders. Such wishes were discoverable in accordance with the provisions of Title 13.5

It is clear that section 150(h) changed this scheme for some, if not for all, married [339]*339permit holders.6 At issue is whether section 150(h) makes Title 13 inapplicable to all permits held by married persons, or whether the intent discovery mechanisms of Title 13 must be applied before any permits held by married persons are distributed according to section 150(h)’s “by right of survivorship” provision.

Sophia Wik would construe section 150(h) to remove all married holders’ permits from the ambit of Title 13. Her argument is based on two contentions: first, that the statutory requirement that a contrary intent be “manifested” indicates a legislative decision to make the Title 13 intent discovery mechanisms inapplicable to limited entry permits, and second, that AS 16.43.-150(h), being more specific than Title 13, must alone control the disposition of limited entry permits. We consider these contentions in order.

Sophia’s argument that the word “manifested” demonstrates a legislative intent to impose a stricter burden on a party attempting to prove a deceased holder’s intent than would be required under Title 13, might have some force had the legislature been writing upon a clean slate when it enacted section 150(h). But this was not the case. Section 150(h) was inserted into a preexisting statutory scheme. The section’s effect, while explicitly amending AS 16.43.150, was to impliedly amend other sections of the Limited Entry Act as well (e.g., AS 16.43.180).

The presumption in eases of implied amendment, as stated by Professor Sutherland,

is against any change in legal rights.... [Tjhere is a presumption against the implied repeal or amendment of any existing statutory provision. In accord with this conservative attitude, an amendatory act is not to be construed to change the original act or section further than expressly declared or necessarily implied.

1A C. Sands, Sutherland Statutory Construction § 22.30, at 179 (4th ed. 1972) (footnotes omitted).

Section 150(h), with its use of the word “manifested,” can hardly be said to necessarily change the scheme by which permit holder intent is discovered through application of Title 13.7 In fact, just the opposite implication arises.

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Bluebook (online)
681 P.2d 336, 1984 Alas. LEXIS 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wik-v-wik-ex-rel-juliussen-alaska-1984.