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Estate of Seader

Wyoming Supreme Court

76 P.3d 1236, 2003 WY 119 (2003)

Facts

When Neil Seader married Mary Cirksana in the 1940s, he agreed to adopt her two-year-old daughter, Julie Schroeder. Over the years, Neil treated Julie as his own child. The couple discussed formal adoption with a lawyer but did not follow through because of the expense. Meanwhile, the couple had two sons, Neil Jr. and Charles. Mary died in 1996, leaving her entire estate to Neil. Julie had two children, Kim and Kirk, before she died in 2000. Neil died two months later, willing his residuary estate to Neil Jr., Charles, and Julie. The will did not call them Neil’s children or say Neil wanted to substitute grandchildren to take a predeceased child’s share. After the will’s submission to probate, Neil Jr. and Charles opposed Julie’s share passing to her children. The district court concluded no equitable-adoption doctrine applied to make Wyoming’s antilapse statute apply to the devise to Julie, so her share lapsed and passed to her brothers. Her children appealed, arguing the court should recognize Julie as Neil’s adopted child.

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Holding and Reasoning (Voigt, J.)

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Dissent (Golden, J.)

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