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Summary 2008 WY 11

By Meg

Summary of Decision issued February 1, 2008

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Milnes v. Milnes

Citation: 2008 WY 10

Docket Number: S-07-0123

Appeal from the District Court of Platte County, the Honorable Keith G. Kautz, Judge

Representing Appellant (Defendant): Douglas Fowler, Cheyenne, Wyoming.

Representing Appellee (Plaintiff): Don W. Riske and Sean C. Chambers of Riske, Salisbury & Kelly, PC, Cheyenne, Wyoming.

Facts/Discussion: Coray sought review of the district court?s order that settled several disputes which arose over his Mother?s estate largely in favor of his brother, Jesse.

Manufactured Home ? Real Estate or Personal Property: The Court reviewed the district court?s findings of fact under the clearly erroneous standard and the conclusions of law were reviewed de novo. The district court concluded that the manufactured home was real property that went with the land on which it was located. They did not view the fact that it had been historically taxed as personal property as determinative of the issue. The district court properly included relevant facts and circumstances in reaching its decision.
The Credit Card: The district court?s factual findings with respect to the credit card were brief. They consisted of Jesse?s testimony that the credit card was obtained by him, on his Mother?s behalf, and that although he recognized he bore responsibility for the credit card as well, that responsibility was in addition to the primary responsibility that was his Mother?s. The district court accepted Jesse?s testimony as true and ordered that Coray pay that claim. The Court concluded that the district court?s findings were not clearly erroneous and that the record was sufficient to sustain the district court?s fact findings.
Coray?s Debt to the Estate: The Court reviewed the district court record and agreed the debt Coray owed to the decedent was not a gift. The district court?s factual findings were not clearly erroneous.

Holding: The Court concluded that the findings of fact and conclusions of law challenged by Coray were sound and that the district court?s Order and Judgment should be affirmed.

Affirmed.

J. Hill delivered the decision.

Link: http://tinyurl.com/2ebehh .

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. Please note when you look at the opinion that all of the paragraphs are numbered. When you pinpoint cite to a quote, you should cite to this paragraph number rather than to any page number. If you need assistance in putting together a citation using the Universal Citation form, please contact the Wyoming State Law Library.]

Full post as published by Law Library Letter on February 01, 2008 (boomark / email).