Estate of Lucas, In re
| Decision Date | 12 October 1995 |
| Docket Number | No. 19957,19957 |
| Citation | 909 S.W.2d 365 |
| Parties | In re the ESTATE OF Edmond Esthel LUCAS. Wynaka LUCAS, Petitioner-Appellant, v. Ruth LUCAS, Respondent-Respondent. |
| Court | Missouri Court of Appeals |
James R. Fossard, Pratt, Fossard and Rahmeyer, Springfield, for appellant.
Clifford S. Brown, Carnahan, Evans, Cantwell & Brown, P.C., Springfield, for respondent.
The parties on this appeal are two women, each claiming to be the widow of Edmond Lucas, who died, intestate, on January 2, 1992, as a resident of Greene County. On November 17, 1992, in his estate, letters of administration were issued to the public administrator as the personal representative.
In October 1993, Wynaka Lucas filed, in the probate proceeding, an "Application for Determination of Heirship and Matrimonial Status." Several months earlier, Ruth Lucas and Wynaka Lucas, each claiming to be the surviving spouse, filed separate applications for exempt property, § 474.250, 1 a one-year support allowance, § 474.260, and a homestead allowance, § 474.290. Ruth filed an answer to the application for determination of heirship, in which she requested that she be declared the surviving spouse.
At the evidentiary hearing held on Wynaka's application for determination of heirship, Wynaka and Ruth appeared with their respective counsel, and both sides introduced evidence. On November 8, 1994, the trial court entered a "Judgment of Matrimonial Status," in which the court decreed that Ruth is the surviving spouse of the decedent. Wynaka appeals.
Wynaka contends that she, rather than Ruth, is the surviving spouse of decedent, and the trial court erred in ruling otherwise, for four independent reasons: (a) Ruth was guilty of laches in not contesting the marriage of Edmond and Wynaka for the 24-year period of that marriage; (b) Ruth is estopped from challenging the legality of the Edmond/Wynaka marriage because of Ruth's misconduct during that marriage which was entered into in good faith and is presumptively valid; (c) Ruth did not meet her burden of proof in challenging the validity of the Edmond/Wynaka marriage; (d) Ruth constructively abandoned Edmond and had a relationship with another man for whom she bore three children, following Ruth's separation from Edmond in 1965, and Ruth, under § 474.140, should be barred from being declared to be the surviving spouse of Edmond and barred from any inheritance. This court upholds contention (c).
The initial inquiry is whether the trial court's judgment is an appealable order. The right to appeal from a probate court's judgment is purely statutory. Matter of Walker, 875 S.W.2d 147, 149 (Mo.App.1994). Statutes relating to appeals from probate judgments are liberally construed to extend rather than restrict the right to appeal. State ex rel. Baldwin v. Dandurand, 785 S.W.2d 547, 549 (Mo.banc 1990). See also Cooper v. Jensen, 448 S.W.2d 308, 313 (Mo.App.1969).
"The probate division of the circuit court may hear and determine all matters ... including jurisdiction of ... the determination of heirship...." § 472.020. "When used in this code, unless otherwise apparent from the context: (14) 'Heirs' means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the real and personal property of a decedent on his death intestate." § 472.010.
Section 472.160 reads, in pertinent part:
"1. Any interested person aggrieved thereby may appeal to the appropriate appellate court from the order, judgment or decree of the probate division of the circuit court in any of the following cases:
(4) On all orders ... making allowances to the surviving spouse ...;
(13) On all orders denying any of the foregoing requested actions;
(14) In all other cases where there is a final order or judgment of the probate division of the circuit court under this code except orders admitting to or rejecting wills from probate."
A leading authority on Missouri probate law has said: "Although [§ 472.160] does not specifically state that an appeal lies from an order determining heirship in a pending estate administration, such an order, of necessity, should be deemed immediately appealable pursuant to § 472.160.1(14) in order to determine the identity of distributees and their proportionate shares prior to the time of filing the final settlement and order of distribution." Hanna-Borron, Probate Law and Practice, § 556 (1988).
In Matter of Jellech, 854 S.W.2d 828 (Mo.App.1993), the court entertained an appeal from the order of the trial court denying a surviving spouse's application for statutory allowances. A similar appeal was entertained in Heil v. Shriners' Hospital for Crippled Children, 365 S.W.2d 736 (Mo.App.1963).
Although the trial court has not ruled on the respective applications of Wynaka and Ruth for the mentioned statutory allowances and the rights of inheritance of either as surviving spouse of decedent, the trial court's judgment has the effect of denying Wynaka's application and of making Ruth, rather than Wynaka, an heir of decedent. This court holds that the instant judgment is appealable.
On April 1, 1946, decedent married respondent Ruth. On February 7, 1957, a California court entered an "Interlocutory Judgment and Decree of Divorce," in a proceeding instituted by Ruth against her husband. The decree recited:
Shortly after the entry of that decree, Edmond and Ruth reconciled and lived together until February 1965 when they permanently separated. Children of the marriage were: Dwight Lucas (born May 30, 1949), Larry Lucas (born January 23, 1951), Barbara Lucas Blankenship (born November 3, 1954), and Deborah Lucas Parker (born November 18, 1960).
Following Ruth's separation from decedent in 1965, Ruth gave birth to three children who were born, respectively, in 1967, 1968, and 1969. The father of those children, so Ruth testified, was Lou Rayburn. Ruth testified, "Edmond Lucas was not the father of any of those children and I have never claimed that he was."
On March 2, 1968, Edmond Lucas and Wynaka underwent a marriage ceremony in Arkansas. They lived together until Edmond's death.
On November 13, 1968, in an action for child support brought by Ruth against Edmond in the Circuit Court of Greene County, Edmond was ordered to pay the sum of $50 per month for the support of Barbara Lucas. The judgment recited that Dwight Lucas and Larry Lucas had been self-supporting since 1966, and that Edmond denied the paternity of Deborah Lucas. The judgment contains the following recital: "Attorney for [Ruth] advises the court that his investigation reveals that the divorce of the parties became final in February 1958." The judgment for child support was enforced by garnishment of Edmond's wages.
At the trial in the instant proceeding, Wynaka called several witnesses, including Ruth. Ruth called her daughter, Barbara Blankenship, as a witness. The testimony included the following:
Dwight Lucas: I remember when my father married Wynaka. In 1967 or 1968 I resided with my father and stepmother. I never heard my mother, Ruth, say anything about being the lawful spouse of Edmond. My father was married to Wynaka and called her his wife, and she called him her husband. My mother was aware of the marriage of my father to Wynaka. I was residing with my dad, and I was bouncing back and forth from Mom and Dad from the West Coast to Springfield. I kept in touch with my mother. She gave birth to three other children, and their father was Lou Rayburn. I recall a party at my house on my 30th birthday where my mother was present with Dad and Wynaka. My mother never said anything in my presence to the effect that Dad was not lawfully married to Wynaka. We were all together and we had a good time.
William Vaughn: I am a nephew of Edmond Lucas. Edmond told me he was happy to be divorced from his first wife. In 1966 or 1967 I took a letter out of the mailbox. Edmond opened it up and read it. He jumped up and down and said he was happy he was rid of [Ruth]. 2
Darrell Ray: I am Wynaka's brother and I knew Edmond. In 1967 or 1968 I had a conversation with Edmond in which he said "I've got what we've been waiting for, my divorce decree." He handed me what he had in his hands. I don't remember what it said. He thought he was definitely divorced. He said, "How about me marrying your sister," and I said, He said that is what they had been waiting for, his final divorce decree to come.
Glenda Camp: I am Edmond's sister, and I know Ruth. On several occasions Edmond told me he was divorced from Ruth. I don't believe I went to the wedding of Edmond and Wynaka, but I knew about it soon after.
Fred Shoates: I am Wynaka's son and I have lived with my mother and Edmond. I called Edmond "Dad." I have seen Ruth a few times when we went on a trip to California and Edmond wanted to see his daughters. A few other times we went over to my stepbrother's house when Ruth was there. Ruth never said anything to the effect that Edmond was not divorced from her. I was not present at the marriage ceremony of Edmond and my mother. I was left at my grandmother's house.
Ruth Lucas: My three youngest children were born in 1967, 1968 and 1969. Edmond was not the father of any of those children. I have never been divorced. I have lived in a lot of places. I keep a copy of the interlocutory decree. I have kept it for 30-some years after all these moves. I carry it around with me. In 1965 Edmond and I separated for the last time. As to when I first took...
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