Manning's Estate, Matter of, No. 5645
| Court | United States State Supreme Court of Wyoming |
| Writing for the Court | Before ROSE; BROWN; THOMAS, Justice, specially concurring, with whom ROSE |
| Citation | 646 P.2d 175 |
| Decision Date | 09 June 1982 |
| Docket Number | No. 5645 |
| Parties | In the Matter of the ESTATE OF Roy C. MANNING, Deceased. Carmela Althea SCHWEER, Appellant (Petitioner), v. Warren MANNING, Appellee (Respondent). |
Page 175
Carmela Althea SCHWEER, Appellant (Petitioner),
v.
Warren MANNING, Appellee (Respondent).
Robert M. Shively of Murane & Bostwick, Casper, for appellant.
Raymond B. Hunkins of Jones, Jones, Vines & Hunkins, Wheatland, for appellee.
Before ROSE, C. J., and RAPER, THOMAS, ROONEY and BROWN, JJ.
BROWN, Justice.
Appellant filed a Petition for Determination of Heirship in the probate court for Converse County. The court denied the prayer of the petition, holding that there was a failure of proof and that it did not have jurisdiction. We will affirm.
The salient facts here are generally undisputed. 1 Roy Carl Manning died July 18, 1978, in Colorado. On December 14, 1978, a Colorado court determined that appellant was decedent's common-law wife and sole heir. On February 9, 1979, appellee filed his Petition for Letters of Administration in Converse County, Wyoming, probate No. 3264. On November 12, 1980, appellee filed a Final Report, Accounting and Petition for Distribution. The Notice of Final Settlement
Page 176
of Estate stated: "If no objections are filed herein, said personal representative will make final settlement of the estate on the 25th day of November, 1980, or as soon thereafter as the matter may be heard."On November 14, 1980, appellant filed probate No. 3450 in Converse County, Wyoming. This filing consisted of a Petition for Determination of Heirship; an affidavit by appellant; a death certificate; and an unauthenticated Colorado Order of Intestacy, Determination of Heirs, and Formal Appointment of Personal Representative. These materials, together with a notice of hearing dated and filed November 19, 1980 were also filed in probate No. 3264. Appellant contends that placing a copy of probate file No. 3450 in probate file No. 3264 constituted an objection to the Petition for Distribution. Appellee disagreed, and so did the trial court. In any event, on November 25, 1980, the court entered its Order Approving Final Report, Accounting and Decree of Distribution in probate No. 3264.
A hearing was held on December 22, 1980, in probate No. 3450 on appellant's Petition for Determination of Heirship. On November 23, 1981, the court's Order on Petition for Determination of Heirship was executed and filed. In denying the prayer of appellant's petition, the court held that there was a failure of proof and that it did not have jurisdiction.
This appeal is from the court's denial of appellant's prayer in her Petition for Determination of Heirship. The record reveals that the court entered its order November 23, 1981. On December 22, 1980, there apparently was a hearing on appellant's petition, and the parties were represented by counsel. We have no indication of what transpired at this hearing. It seems that appellant did not produce testimony or exhibits in support of her position. Respective counsel argued their positions to the court, but the record on appeal does not contain a transcript of this hearing nor does it contain any exhibits offered or introduced into evidence. Furthermore, we do not know whether the court was asked or took judicial notice of files in the probate case previously concluded. We could make an educated guess with respect to what was presented to the court, but that is an improper substitute for a record.
We said in Scherling v. Kilgore, Wyo., 599 P.2d 1352, 1357 (1979), "It is properly an appellant's burden to bring to us a complete record on which to base a decision." No transcript of the evidence has been submitted and there has been no compliance with Rule 4.03, W.R.A.P. 2
Granted, failure to provide a transcript of evidence does not necessarily require a dismissal of an appeal. However, we are restricted in review to those allegations of error not requiring an inspection of the transcript.
"Where there is no transcript before the court on appeal, the...
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Lindsey v. State, No. 85-264
...of the proceedings and limit itself to questions which did not require a review of the transcript. Matter of Manning's Estate, Wyo., 646 P.2d 175 (1982). In Salt River Enterprises v. Heiner, supra, the court advised that in the absence of a proper transcript the trial court's findings of fa......
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Short v. Spring Creek Ranch, Inc., No. 85-241
...an inspection of the transcript. Salt River Enterprises, Inc. v. Heiner, Wyo., 663 P.2d 518 (1983); Matter of Manning's Estate, Wyo., 646 P.2d 175 (1982); Minnehoma Financial Company v. Pauli, Wyo., 565 P.2d 835 (1977); Scherling v. Kilgore, Wyo., 599 P.2d 1352 (1979); Wydisco, Inc. v. McMa......
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Feaster v. Feaster, No. 85-261
...'It is properly an appellant's burden to bring to us a complete record on which to base a decision.' " Matter of Estate of Manning, Wyo., 646 P.2d 175, 176 (1982) (quoting Scherling v. Kilgore, Wyo., 599 P.2d 1352, 1357 (1979)); see also Salt River Enterprises, Inc. v. Heiner, Wyo., 663 P.2......
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McCone v. State, No. 93-50
...which to base a decision,' " and without the report our review is limited to what we find in the transcript. Matter of Estate of Manning, 646 P.2d 175, 176 (Wyo.1982) (quoting Scherling v. Kilgore, 599 P.2d 1352, 1357 McCone argues that this police report was admissible under W.R.E. 803(6).......
-
Lindsey v. State, No. 85-264
...of the proceedings and limit itself to questions which did not require a review of the transcript. Matter of Manning's Estate, Wyo., 646 P.2d 175 (1982). In Salt River Enterprises v. Heiner, supra, the court advised that in the absence of a proper transcript the trial court's findings of fa......
-
Short v. Spring Creek Ranch, Inc., No. 85-241
...an inspection of the transcript. Salt River Enterprises, Inc. v. Heiner, Wyo., 663 P.2d 518 (1983); Matter of Manning's Estate, Wyo., 646 P.2d 175 (1982); Minnehoma Financial Company v. Pauli, Wyo., 565 P.2d 835 (1977); Scherling v. Kilgore, Wyo., 599 P.2d 1352 (1979); Wydisco, Inc. v. McMa......
-
Feaster v. Feaster, No. 85-261
...'It is properly an appellant's burden to bring to us a complete record on which to base a decision.' " Matter of Estate of Manning, Wyo., 646 P.2d 175, 176 (1982) (quoting Scherling v. Kilgore, Wyo., 599 P.2d 1352, 1357 (1979)); see also Salt River Enterprises, Inc. v. Heiner, Wyo., 663 P.2......
-
McCone v. State, No. 93-50
...which to base a decision,' " and without the report our review is limited to what we find in the transcript. Matter of Estate of Manning, 646 P.2d 175, 176 (Wyo.1982) (quoting Scherling v. Kilgore, 599 P.2d 1352, 1357 McCone argues that this police report was admissible under W.R.E. 803(6).......