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In re Estate of Seader9/23/2003
the principles of equity to these facts, I disagree with the reasoning of the majority opinion. The Wyoming Probate Code specifically provides that principles of equity should be applied to supplement Code provisions to the extent the equitable principles do not directly contradict express probate provisions. Wyo. Stat. Ann. § 2-1-102(b) (LexisNexis 2003). The majority opinion finds such an express contradiction where I believe none exists. The majority opinion relies heavily on a dissent in a North Carolina intestate succession case to support its reasoning, Lankford v. Wright, 489 S.E.2d 604, 607 (N.C. 1997). In Lankford, the North Carolina Supreme Court recognized and applied the doctrine of equitable adoption under a more standard set of facts, ultimately allowing a woman to inherit from the intestate estate of a woman who had held her out as her child. Id. at 606-07.
The dissent in the North Carolina case was based upon a statute that is substantially different from Wyoming's statutes. The North Carolina statute, included in the provisions governing intestate succession, provided that a person adopted in accordance with the adoption statutes is entitled by succession to any property by, through and from his adoptive parents. The dissent argued that the statute evinced a legislative policy decision that only those children legally adopted could inherit. Id. at 608. Continuing this line of reasoning, the dissent interpreted the statute as a legislative mandate precluding the application of equitable adoption by courts for purposes of intestate succession.
The majority in Lankford refused to accept the reasoning of the dissent, stating:
e again note that an overwhelming majority of states that have addressed the question have recognized and applied the doctrine [of equitable adoption]. More importantly, it is the unique role of the courts to fashion equitable remedies to protect and promote the principles of equity such as those at issue in this case. We are convinced that acting in an equitable manner in this case does not interfere with the legislative scheme for adoption, contrary to the assertions of the dissent. Recognition of the doctrine of equitable adoption does not create a legal adoption, and therefore does not impair the statutory procedures for adoption.
Lankford, 489 S.E.2d at 607. I believe that the majority in Lankford has the better argument, especially concerning the role of equity and the courts. Equity is always available, and indeed is intended, to fill gaps in compliment with the law, whether common law or statutory law.
Equity follows the law except in those matters which entitle the party to equitable relief, although the strict rule of law be to the contrary. It is at this point that their paths diverge. As the archer bends his bow that he may send the arrow straight to the mark, so equity bends the letter of the law to accomplish the object of its enactment.
Holloway v. Jones, 246 S.W. 587, 591 (Mo. 1922). A reading of the Wyoming Probate Code as a whole reveals that the legislature intends and expects Wyoming courts to apply equity when necessary to "discover and make effective the intent of a decedent in distribution of his property." § 2-1-102(a)(ii).
Thus, equity may be applied when necessary unless prohibited by an express probate provision. The majority opinion finds such an express prohibition in the anti-lapse statute. To save a bequest from lapsing, the anti-lapse statute requires the deceased devisee be a lineal descendant. The majority opinion claims that the term "lineal descendant" is unambiguous and this Court cannot apply equity to "broaden the class of persons identified by th
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