Burnett v. Maddocks
294 Neb. 152
| Neb. | 2016Background
- Charles W. Maddocks (d. 1938) devised a farm: life estate to nephew A. Walter Maddocks, then life estate to Walter’s son Merrill, remainder to Merrill’s eldest son; if no son, then to eldest grandson in Walter’s male line.
- The executor purchased the Property and deed referenced Charles’s will and its disposition scheme.
- Walter died in 1977; Jeffrey Clyde Maddocks was the eldest grandson in Walter’s male line at that time.
- Merrill married Burnett’s mother in 1988. In 2006 a Colorado court entered a decree declaring Roger Burnett to be Merrill’s adult “heir at law” (adult adoption under Colo. Rev. Stat. § 14-1-101).
- Merrill died in 2014 without surviving natural children. Burnett sued to quiet title as Merrill’s “eldest son” under Charles’s will; the trial court quieted title to Burnett. Jeffrey appealed.
Issues
| Issue | Burnett’s Argument | Jeffrey’s Argument | Held |
|---|---|---|---|
| Whether a Colorado decree declaring an adult an "heir at law" made Burnett Merrill’s “eldest son” under Charles’s 1938 will | The Colorado adult-adoption decree is entitled to full faith and credit and makes Burnett Merrill’s son for purposes of the will | The Colorado decree only made Burnett an intestate heir; it did not create a parent-child relationship or make him a “son” under the will | Held: The Colorado decree did not create a parent-child relationship; Burnett is not Merrill’s "son" under the will |
| Whether Charles’s use of "son" in 1938 should be read to include adult adoptees or stepchildren | "Son" should include someone treated as a child for inheritance by operation of an adoption decree | "Son" means a parent’s male child; stepchildren and Colorado adult-heir adoptions are not included absent clear testamentary intent | Held: "Son" carries its ordinary meaning (a parent’s male child); no evidence Charles intended to include stepchildren or Colorado-style adult heirs |
| Proper taker of remainder when Merrill left no surviving son | Burnett contends he is that son, so remainder to him | If no surviving son, remainder goes to eldest grandson in Walter’s male line (Jeffrey) | Held: Merrill had no surviving son; remainder passes to Jeffrey |
| Whether full faith and credit requires Nebraska to treat Colorado adult-heir decree as creating a parent-child relationship for will construction | Burnett: Full faith and credit makes the decree have effect in Nebraska as in Colorado | Jeffrey: Full faith and credit gives decree the same effect it has in Colorado, which does not create parent-child status beyond intestate heir rights | Held: Full faith and credit applies, but the Colorado decree’s limited effect (heir-at-law only) does not create parent-child status for will interpretation |
Key Cases Cited
- Satterfield v. Bonyhady, 233 Neb. 513 (Neb. 1989) (adult adoption in Nebraska creates parent-child legal relationship for will construction)
- In re Trust Created by Nixon, 277 Neb. 546 (Neb. 2009) (foreign adoption decrees are entitled to full faith and credit and have the same effect in Nebraska as in the rendering state)
- Schellhorn v. Schmieding, 288 Neb. 647 (Neb. 2014) (addressing challenges to status of adult adoptees under wills executed before Nebraska permitted adult adoption)
- Ehrenclou v. MacDonald, 117 Cal. App. 4th 364 (Cal. Ct. App. 2004) (Colorado § 14-1-101 adult "adoption" confers only heir-at-law status and does not create parent-child relationship for trust/incidental disposition terms)
- Matter of Trust Created by Belgard, 829 P.2d 457 (Colo. App. 1991) (Colorado law recognizes limited legal effects of adult heir-at-law decrees)