Hronek v. St. Joseph's Children's Home, 93-85

• Decision Date: 12 January 1994
• Docket Number: No. 93-85,93-85
• Citation: 866 P.2d 1305
• Parties: Dennis HRONEK, Appellant (Defendant), v. SAINT JOSEPH'S CHILDREN'S HOME, a Wyoming Corporation, Appellee (Plaintiff).
• Court: Wyoming Supreme Court

Page 1305

866 P.2d 1305

Dennis HRONEK, Appellant (Defendant), v. SAINT JOSEPH'S CHILDREN'S HOME, a Wyoming Corporation, Appellee (Plaintiff).

No. 93-85.

Supreme Court of Wyoming.

Jan. 12, 1994.

Walter Urbigkit, Cheyenne, for appellant.

John J. Maier, Torrington, for appellee.

S. Thomas Throne, Sheridan, for amicus curiae Raymond T. Duncan.

John J. Blomstrom, Casper, for amicus curiae Eighty-Eight Oil Co.

Before THOMAS, CARDINE, GOLDEN and TAYLOR, JJ., and BROWN, J. (Retired).

BROWN, Justice, Retired.

In a declaratory judgment action involving mineral interests, the district court granted summary judgment to appellee, Saint Joseph's Children's Home. Appellant, Dennis Hronek, appeals.

We affirm.

Appellant urges the following issues:

FIRST ISSUE:

Res judicata, enforced by full faith and credit, precludes litigation of the trust liquidation and distribution issues presented in these subsequent proceedings.

SECOND ISSUE:

The expiration of the applicable Colorado Statutes of Limitations is binding on Wyoming by the Foreign Law Borrowing Statute, W.S. 1-3-117.

THIRD ISSUE:

Comity, abstention and forum non conveniens required in the exercise of proper discretion to have trial venue yielded to a pending proceeding in Colorado.

FOURTH ISSUE:

Concepts of due process and litigative fairness require reversal of the summary judgment decision.

FIFTH ISSUE:

The grant of summary judgment was improper and legally unjustified whether determined on a basis, which cannot be established by the decision, of a factual issues review or from a dispositive principle of law; both as to Appellee's Motion when granted and to Appellant's Motion when denied. Issues of fact existed and there is no preclusive rule of law which justified decision in favor of Appellee where material conflicts in the evidence exist.

If the entire New Testament can be edited into one short paragraph, ¹ surely we can edit the issues urged by appellant into a single sentence, such as: Was the granting of appellee's motion for summary judgment legally correct?

On June 18, 1992, Saint Joseph's Children's Home filed a complaint for declaratory judgment requesting that it be declared the owner of all oil, gas and other minerals on and under certain property located in Campbell County, Wyoming. The complaint further requested that funds held by or payable by defendant Eighty-Eight Oil Company attributable to production on this property be set over to Saint Joseph's Children's Home. Eighty-Eight Oil Company and Raymond T. Duncan answered the complaint and requested interpleader. Interpleader was allowed and, on appeal, each party filed an amicus curiae brief in support of Saint Joseph's Children's Home. Throughout the district court proceedings, Mr. Hronek purported to act pro se; however, out-of-state counsel lurked in the periphery and surfaced from time to time. Attorney tracks are on all instruments filed by Mr. Hronek. ²

On October 9, 1973, Leo A. Sims executed an oil and gas lease to Raymond T. Duncan. The oil and gas lease covered lands described as Township 47 North, Range 71 West, 6th P.M., Section 30: E 1/2, Campbell County, Wyoming. Mr. Sims executed a trust agreement dated December 10, 1979 naming Mr. Hronek as trustee of the "Leo A. Sims Trust." In the trust agreement as amended, Mr. Sims named himself and his sister, Esther Hoskins, lifetime beneficiaries. Principal and income were to be used for the benefit of Mr. Sims and his sister. Upon the death of the lifetime beneficiaries, the remaining assets in the trust estate was to be distributed to Saint Joseph's Children's Home in Torrington, Wyoming. On December 20, 1979, Mr. Sims conveyed all of the mineral rights under the E 1/2 of Section 30, Township 47 North, Range 71 West, Campbell County, Wyoming, to Mr. Hronek as trustee under the trust agreement dated December 10, 1979. Mr. Sims died on January 29, 1983, and his sister died on December 14, 1985.

By its own terms, the trust agreement terminated on December 14, 1985 with the death of the last lifetime beneficiary, Esther Hoskins. Since the trust agreement terminated, there are no issues regarding the internal administration of the trust agreement to be litigated. The rules of construction of a trust agreement are simple. A trust agreement is governed by the plain meaning contained in the four corners of the document. "[A] trust is limited * * * in duration by the terms of the trust." 76 Am.Jur.2d, Trusts, § 92 (1992). See also First Nat. Bank & Trust Co. of Wyo. v. Brimmer, 504 P.2d 1367, 1369 (Wyo.1973) and First Nat. Bank & Trust Co. of Wyo. v. Finkbiner, 416 P.2d 224, 229 (Wyo.1966). The reading of the trust document is clear. Mr. Sims intended for the proceeds to be used to support himself. Upon his death, the proceeds of the trust were to be used to support his sister and then all the property passed to Saint Joseph's Children's Home. The death certificates filed in the appellate record clearly indicate that the lifetime beneficiaries died. Upon their deaths, the equitable interest passed to Saint Joseph's Children's Home. "[T]he trust terminates when its purpose has been fully accomplished * * *." 76 Am.Jur.2d, Trusts, supra, at § 92.

The NE 1/4 of Section 30, Township 47 North, Range 71 West, Campbell County, Wyoming was conveyed on March 20, 1986 by Mr. Hronek, in his capacity as trustee of the "Leo A. Sims Trust," to Saint Joseph's Children's Home. The SE 1/4 of Section 30, Township 47 North, Range 71 West, Campbell County, Wyoming was omitted from the conveyance. The sole basis of Mr. Hronek's claim to the minerals in the SE 1/4 of Section 30 was that this quarter section was not included in the mineral deed executed by Mr. Hronek dated March 20, 1986 and remained in him as trustee. Throughout proceedings in the district court and on appeal, Mr. Hronek has totally ignored the fact that his interest in the property involved here was as trustee of the "Leo A. Sims Trust."

On December 29, 1992, Saint Joseph's Children's Home filed a motion for summary judgment. In support of its motion, the affidavit of J. Matthew Perkins, a professional landman, was attached and filed. The affidavit recited that affiant had personally examined the instruments we have referred to. The affiant also attached copies of these instruments to his affidavit.

We need not cite in great detail the law with respect to summary judgment. That area of the law is well settled and well known. A summary judgment is proper only when there is no genuine issue of material fact and the prevailing party is entitled to a judgment as a matter of law. McDonald v. Mobil Coal Producing, Inc., 789 P.2d 866, 869 (Wyo.1990); Baros v. Wells, 780 P.2d 341, 342 (Wyo.1989). The record is reviewed from the vantage point most favorable to the party opposing the motion. Baros, 780 P.2d at 342. A material fact is one which, if proven, would have the effect of establishing or refuting an essential element of the cause or defense asserted by the parties. Stratman v. Admiral Beverage Corp., 760 P.2d 974, 978 (Wyo.1988). In summary judgment proceedings, the initial burden is on the moving party to demonstrate that there is no genuine issue of material fact. Stundon v. Sterling, 736 P.2d 317, 318 (Wyo.1987); England v. Simmons, 728 P.2d 1137, 1141 (Wyo.1986).

Saint Joseph's Children's Home has shown in its motion for summary judgment that the mineral rights for the E 1/2 of Section 30 were conveyed to Mr. Hronek in his capacity as trustee of the "Leo A. Sims Trust." The terms of this trust agreement, as amended, provided that upon the death of both Mr. Sims and his sister, the trust agreement terminated and the property passed to Saint Joseph's Children's Home. The death certificates showed that Mr. Sims and his sister, the life beneficiaries of the trust, were deceased. The conveyance, terms of the trust agreement as amended, and the death certificates are unambiguous and no factual question can be developed with respect to these instruments. Clearly, Saint Joseph's Children's Home made a prima facie case and satisfied its burden by showing that the disputed mineral interest belonged to Saint Joseph's Children's Home.

After the moving party has established a prima facie case, the burden then shifts to the opposing party to come forward with competent evidence of specific facts countering the facts presented by the movant. Jones Land and Livestock Co. v. Federal Land Bank of Omaha, 733 P.2d 258, 263 (Wyo.1987). Competent evidence must be evidence that would be admissible at trial. Conclusory affidavits are insufficient to rebut movant's prima facie case and specific facts must be shown. Davenport v. Epperly, 744 P.2d 1110, 1112 (Wyo.1987). Mr. Hronek's affidavits and other materials filed in opposition to the motion for summary judgment totally failed to rebut Saint Joseph's Children's Home's prima facie case. ³

In response to the motion for summary judgment, Mr. Hronek filed, pro se, an instrument captioned "Defendant Hronek's Response to Plaintiff's Motion for Summary Judgment and His Motion for Summary [Judgment]." This instrument stated that there were genuine issues of material fact, but did not identify any issues. It further stated that a deed "to the property" was made out to Mr. Hronek and that Saint Joseph's Children's Home sued him. Mr. Hronek also wanted to depose three members of the clergy. The instrument referred to attached affidavits and said Mr. Hronek was offered $1,500.00. Mr. Hronek did not say by whom or for what. Mr. Hronek concluded by requesting that Saint Joseph's Children's Home's motion for summary judgment be denied and that he be granted summary judgment. An affidavit by an out-of-state attorney was attached to this response. This instrument stated that the affiant drafted the deeds and trust instruments involved in this matter. Another affidavit filed by Mr. Hronek stated that a home health care aide (affiant) was giving Mr. Sims a bath in the...