¶1concurring. I agree with the result reached by the majority based upon the plain language of Ark. Code Ann. § 16-62-102 (Supp. 1999). Section 16-62-102(d) provides for two categories of in loco parentisbeneficiaries: “persons standing in loco parentis to the deceased person,” and “ persons to whom the deceased stood in loco parentis.'” The first category is written in the present tense. Thus, beneficiary status in that category is accorded only to persons who stand in loco parentis to the deceased at the time of death. The statute’s next phrase defining the second category of in loco parentis beneficiaries can be and should be similarly construed to refer only to persons to whom the deceased stood in loco parentis at the time of death. The use of the past tense in the latter phrase merely indicates that a deceased person cannot stand in loco parentis to anyone following his or her death. Both categories of in loco parentis beneficiaries are thereby capable of being construed consistently and harmoniously. Inequities would necessarily result if the statute were construed otherwise, with beneficiary status being limited to an in loco parentis relationship at the time of death as to one in loco parentis category, but not as to the other in loco parentis category.
¶2For these reasons, I would affirm the probate court’s ruling based upon the plain language of section 16-62-102(d) and our case law interpreting the term in loco parentis.
¶3dissenting. I disagree with the majority in holding that the relationship of in loco parentis does not continue past the age of majority for purposes of claiming as a beneficiary to a wrongful-death suit. Appellants Tiny Standoak Babb and Gregory Franks were raised by their grandmother, Allean Standoak, after their parents died. “Raise” is defined in the dictionary as: “to give (children) a parent’s fostering care : bring up : NURTURE, REAR.” Webster’s Third New International Dictionary 1877 (1986).
¶4Appellees argue that the relationship of in loco parentis terminated at the time each of the children reached their majority. The wrongful-death statute sets forth those who are considered as beneficiaries. Section 16-62-102(d) provides:
The beneficiaries of the action created in this section are the surviving spouse, children, father and mother, brothers and sisters of the deceased person, persons standing in loco parentis to the deceased person, and persons to whom the deceased stood in loco parentis.
¶5(Emphasis added.)
¶6This Court has not specifically addressed this issue until this case. The majority now holds that the relationship ends when the child for whom the deceased stood in loco parentis reaches the age of majority but not when the natural child reaches the age of majority. The statute makes no distinction as to children, whether natural or those for whom the deceased has stood in loco parentis, regarding whether they are beneficiaries even after reaching the age of majority. Therefore, I fail to see why the majority has made such a distinction. I, therefore, respectfully dissent.