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In re Estate of Seader9/23/2003
we have exactly the same duty and materials as did the district court and must follow the same standards. Hoblyn v. Johnson, 2002 WY 152, 11, 55 P.3d 1219, 11 (Wyo.2002). The propriety of granting summary judgment depends upon the correctness of a court's dual findings that there is no genuine issue as to any material fact and the prevailing party is entitled to judgment as a matter of law. Id. This court looks at the record from the viewpoint most favorable to the party opposing the motion, giving to him all the favorable inferences which may be drawn from the facts contained in affidavits, depositions, and other materials appearing in the record. Id.
The party moving for summary judgment bears the initial burden of establishing a prima facie case for a summary judgment. If the movant carries this burden, the party opposing the summary judgment must come forward with specific facts to demonstrate that a genuine issue of material fact does exist. Eklund v. PRI Environmental, Inc., 2001 WY 55, 10, 25 P.3d 511, 10 (Wyo.2001). A material fact has been defined as a fact upon which the outcome of the litigation depends in whole or in part. Hoblyn, 2002 WY 152, 11, 55 P.3d 1219, 11.
Bertagnolli v. Louderback, 2003 WY 50, 10-11, 67 P.3d 627, 630-31 (Wyo. 2003).
DISCUSSION
THE ADOPTION ISSUES
Julie died two months before Neil died. Had she survived him, she would have taken one-third of his residuary estate under his will. Had she been his biological daughter or his legally adopted daughter, her share of his estate would have gone to Kim and Kirk pursuant to Wyo. Stat. Ann. § 2-6-106. Likewise, had she been his biological daughter or his legally adopted daughter, and had he died intestate, her share of his estate would have gone to Kim and Kirk. She was not, however, legally adopted. As a result, in an effort to take in her stead under Neil's will, Kim and Kirk now seek equitable recognition of adoptive status for their mother.
We previously have held that "adoption at common law was unknown and, therefore, the adoption of minor children as well as the rights and liabilities emanating therefrom are governed by statutory provisions concerning descent, distribution, and adoption." In re Randall's Estate, 506 P.2d 432, 432-33 (Wyo. 1973). We also previously have held that substantial conformity with all statutory requirements is necessary to effectuate a legal adoption. Matter of Adoption of AMD, 766 P.2d 550, 552 (Wyo. 1988). The present question is whether, under the circumstances of this case, equity should interpose itself where no legal adoption took place.
It will be helpful to preface our discussion of this issue with a consideration of the basic concepts that are involved, beginning with the meaning of "adoption." Where, as in Wyoming, that term is not statutorily defined, the courts have supplied a definition: In this regard, "adoption" has been defined by some courts as the establishment or creation of a legal relationship of parent and child between persons who were not so related by nature or law, whereupon the person adopted becomes the legal heir of his or her adopter, and the rights and duties of domestic relation with the adoptee's natural parents are terminated. It has been said that adoption is the legal equivalent of biological parenthood, so that a decree of adoption renders the adoptee, for all intents and purposes, the child of the adoptive parent. 2 Am.Jur.2d, Adoption § 1 at 869 (1994) (footnotes omitted).
In their Petition for Declaration of Status as Beneficiaries of Estate, Kim and Kirk set forth equitable adoption, adoption by estoppel, and virtual adoption as separate caus
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