Bennett v. RueggBennett v. Ruegg
Pеtitioner Stacy R. Bennett, personal representative in a decedent estate, seeks review of a Court of Appeals per curiam decision which reversed a judgment of the King County Superior Court awarding attorneys’ fees to the estate of Mary Margaret Kerr on behalf of Petitioner, personal representative of the estate, who successfully resisted her removal in a probate proceeding. We granted review. We reverse.
QUESTION PRESENTED
The question presented in this case is whether, under the general fee provision of the Probate Code,
STATEMENT OF FACTS
On January 3, 1995, Mary Margaret Kerr died leaving a will.
Respondent Susan Ruegg and Petitioner Bennett are mother аnd daughter. They have been estranged since Petitioner’s childhood. Intense animosity between them led to mutual accusations of dishonesty and misconduct in this proceeding brought by the mother to remove the daughter as personal representative of the estate of Respondent’s mother who was Petitioner’s maternal grandmother.
Petitioner Stacy R. Bennett then brought a motion for attorneys’ fees under the general fee provision in RCW Chapter 11.96, which governs jurisdiction and procedure in probate actions. Referring to the general fee provision of
THIS MATTER came before the Court on the Estate’s Petition for Award of Attorneys’ Fees and Costs. The Court has considered the petition, the declaration of Scott A.W Johnson and the exhibits thereto, the response of Susan Ruegg, the Declaration of Craig E. Schuman, the Declaration of Paul A. Cantor and exhibits thereto, and the other pleadings filed in this matter.
NOW THEREFORE, IT IS HEREBY ORDERED that the Estate’s request for an award of its attorneys’ fees and costs shall be and hereby is GRANTED in part.
IT IS FURTHER HEREBY ORDERED that the Estate shall be awarded in its favor against Susan Ruegg one half of its reasonable attorneys’ fees and costs incurred in responding to Susan Ruegg’s petition and in filing the request for attorneys’ fees and cost in the amount of $4076.20. Susan Ruegg shall be hable to the estate in that amount.[14 ]
On July 28, 1995, a King County court commissioner entered judgment as follows:
SUMMARY JUDGMENT
Pursuant toRCW 4.64.030 , the following information should be entered in the Clerk’s Execution Docket:
1. Judgment Creditor: The Estate of Mary Margaret Kerr
2. Judgment Creditor’s Attorneys: Lora L. Brown and Scott A.W. Johnson and the firm of Stokes, Eitelbach & Lawrence, ES.
3. Judgment Debtor: Margaret Susan Kerr Bennett Hartmann Ruegg (formerly known as Susan or Sue Bennett or Susanor Sue Hartmann, and currently known as Susan or Sue Ruegg) (“Susan Ruegg”).
4. Amount of Judgment: $4076.20
5. Amount of Interest Owed to Date of Judgment: $0
6. Total of Taxable Costs and Attorneys’ Fees: $0
ENTRY OF JUDGMENT
THIS MATTER came before the Court on presentation by Stacy R. Bennett, Personal Representative of the Estate of Mary Margaret Kerr, of a judgment for money due by Susan Ruegg. The judgment was presented pursuant toRCW 4.60.070 and based on the Court’s order awarding attorneys’ fees and costs which is attached hereto as Exhibit A. Based on the foregoing:
THE COURT HEREBY ENTERS JUDGMENT in favor of the Estate of Mary Margaret Kerr against Susan Ruegg in the amount of $4,076.20.[15 ]
On August 15, 1995, Respondent Susan Ruegg appealed the award of attorneys’ fees,
In an unpublished per curiam decision dated November 4, 1996, the Court of Appeals, Division One, reversed the judgment against Respondent, holding that the more general fee provision in
The personal representative of the estate, Petitioner Bennett, petitioned this Court for review which we granted on April 2, 1997.
DISCUSSION
Petitioner contends she is entitled to attorneys’ fees under the general probate statute,
Conversely, Respondent asserts this Court has consistently held that a sрecific statute supersedes a general statute when both might apply or when the general provision conflicts with the specific provision. According to Respondent, consistent with our decisions, the Court of Appeals properly determined that because the statutes are in conflict, the specific provision supersedes the general provision. Respondent also claims attorneys’ fees under
Rules of Statutory Construction
Relying on Omega Nat’l Ins. Co. v. Marquardt,
In interpreting a statute, we are obliged to cоnstrue the enactment as a whole, and to give effect to all language used. Every provision must be viewed in relation to other provisions and harmonized if at all possible. Preference is given a more specific statute only if the two statutes deal with the same subject matter and conflict to such an extent that they cannot be harmonized.[20 ]
Petitioner also cites State v. Board of Yakima County Comm’rs, quoting this Court’s statement that “[i]t is the duty of the court to reconcile apparently conflicting statutes and to give effect to each of them, if this can be achieved without distortion of the language used.”
The specific statute,
Historically, this Court has followed the rule that each provision of a statute should be read together with other provisions in order to determine legislative intent. “The purpose of reading statutory provisions in pari materia with related provisions is to determine the legislative intent underlying the entire statutory scheme and read the provisions ‘as constituting a unified whole, to the end that a harmonious, total statutory scheme еvolves which maintains the integrity of the respective statutes.’”
Citing Spokane County Fire Protec. Dist. No. 9 v. Spokane County Boundary Review Bd.,
In contrast, Respondent contends
Referring to former
Respondent bolsters her argument that the two statutes conflict by citing Weyerhaeuser Co. v. Tri
Quoting Pennsylvania Life Ins. Co. v. Department of Employment Sec.,
The Court of Appeals also agreed with Respondent’s application of the rule followed by this Court in Williams that when a statute specifically designates the thing or classes of things upon which it operates, it can be inferred that the Legislature intended to exclude what is omitted:
In this case, the statute [RCW 11.96.140 ] allows attorney fees only where the court decides to restrict the powers of the personal representative. Omitting mention of an unsuccessful petition indicatеs the intent to exclude attorney fees in such cases. Because the statute does not allow for fees in case of an unsuccessful removal petition, the court in this case had no authority to award fees to the estate.”[37 ]
Washington Case Law
Petitioner Bennett contends attorneys’ fees are justified under
Citing In re Estate of Niehenke,
Countering Petitioner’s arguments, Respondent contends her petition ultimately benefited the estate. She claims Petitioner, as personal representative, did not provide a timely inventory required under
In In re Estate of Larson,
Public Policy Considerations
Respondent urges this Court to consider the public policy underlying
Petitioner argues that prohibiting award of attorneys’ fees to an estate forced to defend against petitions for removal of its personal representative would foster meritless and bad faith removal actions by eliminating any financial risk to the moving party. According to Petitioner, this result is particularly harsh and unjust for small estates whose assets would be depleted in defending such removal suits. Petitioner argues that beneficiaries who have valid grounds for challenging a personal representative would not be deterred because courts are allowed to award attorneys’ fees “as justice may require” under
This Court has not previously addressed the public policy underlying
SUMMARY AND CONCLUSION
Under rules of statutory construction, eaсh provision of a statute should be read together with related provisions to determine the legislative intent underlying the entire statutory scheme. Reading the provisions as a unified whole maintains the integrity of the respective statutes. A more specific statute supersedes a general statute only if the two statutes pertain to the same subject matter and conflict to the extent- they cannot be harmonized. The maxim of express mention and implicit exclusion should not be used to defeat legislative intent. The Court of Appeals in this case did not harmonize the statutes,
The specific probate statute,
The statutes in this case are not in conflict because
Washington case law supports an award of attorneys’ fees in this case under
We reverse the per curiam decision of the Court of Appeals which reversed the judgment of the King County Superior Court awarding attorneys’ fees to the Estate of Mary Margaret Kerr, Deceased, whose personal representative is Petitioner Stacy R. Bennett.
We deny the request of Respondent Susan Ruegg for attorneys’ fees and costs incurred in opposing this petition for review under RAP 18.9 (a).
Durham, C.J., and Dolliver, Guy, Johnson, Madsen, Alexander, Talmadge, and Sanders, JJ., concur.
Notes
Clerk’s Papers at 66.
Clerk’s Papers at 81-82.
Clerk’s Papers at 81.
Clerk’s Papers at 35-37.
Clerk’s Papers at 87.
Clerk’s Papers at 142-57, 290-97.
Clerk’s Papers at 65-78.
Clerk’s Papers at 127-29.
Clerk’s Papers at 3.
Clerk’s Papers at 33.
Clerk’s Papers at 1-8.
Clerk’s Papers at 137-38.
Clerk’s Papers at 140-41.
Clerk’s Papers at 134-35.
Br. of Appellant at 7-8.
Pet. for Review, App. A at 3.
State v. Williams,
Id.
“
See Bentzen v. Demmons,
Pet. for Review, App. A at 3.
Pet. for Review, App. A at 4.
Pet. for Review, App. A at 4.