ORDER. ment and Trust Co. (Mont. 1985), 697 P.2d 930, 42 St.Rep.

Similar documents
DA IN THE SUPREME COURT OF THE STATE OF MONTANA 2012 MT 107N

No IN THE SUPREME COURT OF THE STATE OF MONTANA

ARKANSAS COURT OF APPEALS

02/28/94 In Re Estate of Adella G. Vallerius, Deceased. In Re Estate [1] APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT

NC General Statutes - Chapter 30 Article 4 1

REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL BETWEEN AND

IN THE SUPREME COURT OF THE STATE OF MONTANA 1993

Senate Bill No. 277 Senator Wiener

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs May 1, 2018

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON February 17, 2005 Session

STEVEN C. GRAY OPINION BY v. Record No CHIEF JUSTICE DONALD W. LEMONS November 2, 2017 FRANCES BINDER, ET AL.

How to Be Thankful When Settling a Wrongful Death Claim

2009 SESSION (75th) A SB Assembly Amendment to Senate Bill No. 277 (BDR ) Title: No Preamble: No Joint Sponsorship: No Digest: Yes

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE September 12, 2005 Session

SIMPLE" WILLS. by: Daniel T. Balfour Beale, Balfour, Davidson, & Etherington, P.C. Richmond & Robert L. Freed Robert L. Freed, P.C.

Olver v. Fowler, 2006 Wash. App. LEXIS 13; 2006 WL 44392; No I (Jan. 9, 2006)

EXHIBIT 1 APPLICATION FOR REFUND OF CAPITAL CREDITS OF, DECEASED OF COUNTY, GEORGIA

2015 PA Super 271. Appeal from the Decree September 12, 2014 In the Court of Common Pleas of Bucks County Orphans Court at No(s): No.

Estates, Trusts, and Wills

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE

SUPREME COURT OF ALABAMA

No IN THE SUPREME COURT OF THE STATE OF MONTANA NO

Montana Uniform Probate Code: A Checklist for Probate

Docket No. 26,558 COURT OF APPEALS OF NEW MEXICO 2007-NMCA-138, 142 N.M. 795, 171 P.3d 309 June 27, 2007, Filed

CASE NO. 1D Buford Cody appeals the final order of the probate court which determined

No IN THE SUPREME COURT OF THE STATE OF MONTANA 2001 MT 251. ROBERT D. DuBRAY, Plaintiff and Appellant, FARMERS INSURANCE EXCHANGE and

IN THE HIGH COURT OF JUSTICE (PROBATE) Ms. Jenny Lindsay for the Appellant Mr. Simeon Fleming. 2014: January 28 RULING

IN THE SUPREME COURT OF THE STATE OF UTAH. ----oo0oo---- In the Matter of the No Estate of Gary Wayne Ostler, Deceased,

NO. CAAP IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I

Senate Bill No. 207 Committee on Judiciary CHAPTER...

IN THE SUPREME COURT OF THE STATE OF MONTANA

COUNSEL JUDGES OPINION

Richard David [as Personal Representative of Angelina Madonna Mitchel] And Geraldine David Vital

No IN THE SUPREME COURT OF THE STATE OF MONTANA

DA IN THE SUPREME COURT OF THE STATE OF MONTANA 2014 MT 196

Questions and Answers Probate By Yahne Miorini, LL.M.

No Plaintiffs and Appellants, Defendants and Respondents.

2011 VT 61. No In re Estate of Phillip Lovell

ALABAMA COURT OF CIVIL APPEALS

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Appeal from the Superior Court in Maricopa County. Cause No. PB

DA IN THE SUPREME COURT OF THE STATE OF MONTANA 2010 MT 35

ESTATE PLANNING IN COSTA RICA

Probate Law in Montana Changes by the 1981 Legislature

Ellis County Court at Law No. 1 JUDGE JIM CHAPMAN Ellis County Courts Building 109 S. Jackson Waxahachie, TX 75165

) ) ) ) ) ) ) ) ) ) ) ) ) )

PROCEDURE UNDER THE NEBRASKA PROBATE CODE

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE May 19, 2010 Session

Supreme Court of Florida

INSTRUCTIONS FOR PROBATE WITHOUT A WILL DO I NEED TO FILE PROBATE DOCUMENTS WITH THE COURT?

TITLE 11 WILLS TABLE OF CONTENTS

Civil Action No. 330 Trial Division of the High Court. January 31,1969. NENJIR, Plaintiff v. RILAN, Defendant. Marshall Islands District

Monica Vickery sought review of the court of appeals. damages in her defamation suit against the mother and sister of

Commonwealth of Kentucky Court of Appeals

Chapter 7: Conflict of Laws

Legislation that applies to Wills and Estates. AFOA Workshop Saskatchewan March 17 th, 2015

NO IN THE SUPREME COURT OF THE STATE OF MONTANA

Oliver Wooding, Barrister St John s Chambers

DA IN THE SUPREME COURT OF THE STATE OF MONTANA 2011 MT 79

Is a posthumously conceived child an intestate heir? Will

LEGITIMACY ACT CHAPTER 145 LAWS OF KENYA

ALABAMA COURT OF CIVIL APPEALS

No IN THE SUPREME COURT OF THE STATE OF MONTANA

IN THE SUPREME COURT OF IOWA

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********

BRIEFING PAPER Amending the Administration Act 1903 (WA) to increase the statutory legacy

In the Orphans Court for Anne Arundel County Case No. C OC IN THE COURT OF APPEALS OF MARYLAND. No. 79. September Term, 2003

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE AUGUST 6, 2002 Session

NO IN THE SUPREME COURT OF THE STATE OF MONTANA

S10A1212. ROBINSON et al. v. BAKER et al. This is an appeal from a final order of the Superior Court of Irwin County

IN THE PROBATE COURT OF HENRY COUNTY STATE OF GEORGIA PETITION OF GUARDIAN TO TERMINATE TEMPORARY GUARDIANSHIP OF MINOR

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D

Grounds of Inadmissibility

IN THE SUPREME COURT OF THE STATE OF MONTANA Number DA

TULANE LAW REVIEW ONLINE

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT - LAW DIVISION STANDING ORDER ASSIGNMENT ROOM - ROOM 2005 JUDGE JAMES P.

STATE OF MICHIGAN COURT OF APPEALS

State of New Jersey NJLRC. New Jersey Law Revision Commission FINAL REPORT. relating to PROBATE CODE REVISIONS. September 1999

John A. Manglona White, Novo-Gradac & Manglona P.O. Box 222 CHRB Saipan, MP James H. Grizzard Caller Box PPP, suite 374

Please complete the form by typing or printing legibly in black ink.

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE September 12, 2008 Session

REQUIREMENTS OF GUARDIANSHIP OF THE PERSON UNDER THE PROBATE CODE MINORS ONLY

Reconciling the Wyoming Wrongful Death Act with the Wyoming Probate Code: The Legislature s Wake-up Call for Clarification

No. DA IN THE SUPREME COURT OF THE STATE OF MONTANA 2007 MT 130

Cohabitation Rights Bill [HL]

IN THE SUPREME COURT OF THE STATE OF MISSISSIPPI NO M SCT

UNPROBATED ESTATES DECEASED SOLE OWNERS AND TENANTS IN COMMON

No. of 2004 BILL FOR. AN ACT to make provision for the Administration of Small Estates. ENACTED by the Parliament of Antigua and Barbuda as follows

THE SUPREME COURT OF NEW HAMPSHIRE MONICA ANDERSON ESTATE OF MARY D. WOOD. Argued: September 13, 2018 Opinion Issued: November 28, 2018

NO IN THE SUPREME COURT OF THE STATE OF MONTANA

IN THE COURT OF COMMON PLEAS OF ARMSTRONG COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION

FROM THE CIRCUIT COURT OF ARLINGTON COUNTY William T. Newman, Jr., Judge. In this appeal we consider the impact of a half-blood

: : : : : : Appeal from the Order entered August 13, 2001 In the Court of Common Pleas of Philadelphia County Orphan s Court at No.

No IN THE SUPREME COURT OF THE STATE OF MONTANA

No IN THE SUPREME COURT OF THE STATE OF MONTANA

ENTRY OF APPEARANCE FORM ONE MUST BE SIGNED BY BOTH PARENTS AND NOTARIZED OR WITNESSED BY A CLERK OF THE CIRCUIT COURT. (PHOTO ID IS REQUIRED)

Special Damages. Nebraska Law Review. R. M. Van Steenberg District Judge of the 17th Judicial District of Nebraska. Volume 38 Issue 3 Article 7

[Additions are indicated by underlining and deletions are indicated by strikeover.]

Pui Kum Ng Lee v Chatham Green, Inc NY Slip Op 31307(U) July 11, 2016 Supreme Court, New York County Docket Number: /2012 Judge: Kelly A.

DA IN THE SUPREME COURT OF THE STATE OF MONTANA 2014 MT 105

Transcription:

IN THE SUPREME COURT OF THE STATE OF MONTANA IN THE MATTER OF NORWEST CAPITAL MANAGEMENT AND TRUST COMPANY, et al. and MARCELLA E. MAKI, Joint Petitioners. ORDER CLERK Of SUBIZE&%E COURT STATE OP tt4ohtbsr The origina 1 opinion, Matter of Norwest Capital Manage- ment and Trust Co. (Mont. 1985), 697 P.2d 930, 42 St.Rep. 493, is corrected to delete the last paragraph of the opinion and substitute therefore the following: In 1895, the State of Montana adopted the Montana Codes Annotated of 1895. In adopting the Code, the Legislature enacted 579 of the Code of Civil Procedure, which was a reenactment of 5 14 of the Code of Civil Procedure of 1877; by doing so, the Legislature adopted the current wrongful death statute language found in 27-1-513, MCA. Also in 1895, the Legislature adopted a new succession statute which defined heirs which definition controls t h meaning ~ of heirs found in the enactment of Montana's wrongful death statute. Section 1852, Probate Code of 1895, provides in part: 2. If the decedent leave no issue, the estate goes one-half to the surviving husband or wife, and the other to the decedent's father and mother in equal shares, and if either be dead the whole of said half goes to the other. If there be no father or mother, then one-half goes in equal shares to the brothers and sisters of the decedent, and to the children of any deceased brother or sister, by right of representation. If the decedent leave no issue, nor husband nor wife, the estate must go to his father and mother in equal shares, or if either be dead then to the other. The plain language of the statute makes the mother the only heir under the facts

of this case since 'heir' means those who take upon decedent's death under the intestacy statute. We affirm the trial court's judgment rplying upon the Johnson rationale denying Marcella Maki the status of 'heir' and declaring Ruth Maki, decedent's mother, as sole heir." With this correction, the original opinion is approved. 'idr DATED on this 27- day of August, 1985. <f&* hief Justice A Justices

No. 84-494 IN THE SUPREME COURT OF THE STATE OF MONTANA IN THE MATTER OF NORWEST CAPITAL MANAGEMENT AND TRUST COMPANY, et al., and MARCELLA E. MAKI, Joint Petitioners. APPEAL FROM: ~istrict Court of the Thirteenth Judicial District, In and for the County of Yellowstone, The Honorable William J. Speare, Judge presiding. COUNSEL OF RECORD: For Appellant: Nye & Meyer, Billings, Montana For Respondent: Moses Law Firm, Billings, Montana Submitted on Briefs: Feb. 28, 1985 Filed:. ) J,,. 3 4;. ::.. \,.* \ : ;.. 3 Decided: April 9, 1985 Clerk

Mr. Justice Frank R. Morrison, Jr., delivered. the Opinion of the Court. This is an appeal from a declaratory judgment 05 the District Court of the Thirteenth Judicial District in Yellowstone County declaring Ruth Kaki, mother of decedent Carmen Maki, the sole heir of her daughter's estate for the purpose of bringing a wrongful death action. * On December 21, 1983, the parties filed a joint petition for a declaratory judgment in the District Court of the Thirteenth Judicial District in Yellowstone County, to deter- mine where mother and/or sister are "heirs" qualifying them.. to maintain an action for the wrongful death of Carmen Maki under 27-1-513, MCA. Norwest Capital Management &-'?rust Company was Conservator of the Estate of Ruth Maki, mother of decedent Carmen Maki.. The other Joint Petitioner was Marcella E. Maki, the sister of deced-ent Carmen ~aki. At the pre-trial conference, the trial court indicated it would. decide the legal issue based upon stipulated facts submitted by the parties. On October 2, 1984, the District Court entered its judgment in favor of Norwest, declaring Ruth Maki the sole heir. Marcella Maki appeals. facts: The joint petition presented the following undisputed "On May 27, 1983, Carmen Maki was killed in an automobile accident in Fergus County, Montana. Carmen Maki was an individual of legal age who resided in Billings, Yellowstone County, Montana, at the time of her death. "Ruth Maki is the natural mother of Carmen Maki and Marcy Maki is the sister of Carmen Maki. Carmen Maki left no other surviving relatives of any degree of kinship enumerated in 55 72-2-202 and 72-2-203, MCA. "The death of Carmen Maki has given rise to an action for wrongful death."

The trial jud.ge declared that Ruth Eaki, as mother of d.ecedent, is the sole heir for purposes of maintaining a wrongful death action. We affirm. Montana ' s wrongful death statute, 27-1-51.3, MCA, grants only "heirs and personal representatives" the right to "maintain" an action for wrongful death. Nowhere in the wrongful death statutory scheme is "heir" defines. In Versland v. Caron Transport (1983), 671 P.2d 583, 40 St.Rep. 1681, this Court defined "heirs" as "those persons who are entitled to the property of a decedent under the statutes of intestate succession." The trial judge in this appeal correctly adopted the rationale in the concurring opinion of Johnson v. Marias River Electric Coop. (1984), 687 P.2d 668, 41 St.Rep. 1528, by applying the statutory definition in effect at the time of the enactment of the wrongful death statute to determine which parties qualified as "heirs." We reject the appellant's argument that the date of the original enactment of the wrongful death statute, 1871, is the determinative date by which "heir" is defined. Montana's 1871 intestate succession laws included "sisters" in the same line as mothers and fathers. Both Montana's intestate succession and wrongful death statutes were amended in 1877. The Wrongful Death Act changed the class of individuals allowed to recover from "the widow and next of kin of such deceased person..." to "heirs and personal representatives." Since the operative term "heirs" was introduced. by this 1877 enactment, the definition in the 1877 intestate succession statutory scheme is the controlling law. The intestate succession statute was amended in 1-877 to drop "sisters" from the same succession line as parents. "Heir" means those who take upon decedent's

death under the intestacy statute. After the 1877 amendment the Maki heir is the mother only. We affirm the trial court's judgment relying upon the Johnson rationale denying Marcella Maki the status of "heir" and declaring Ruth Maki, decedent's mother, as sole heir., //.H /- B i e f Justice P U I J Justices *