Bird v. Plunkett
Bird v. Plunkett
Opinion of the Court
The plaintiff brought this action for a declaratory judgment to determine whether the defendant Plunkett, who had been convicted of manslaughter in causing the death of his wife, is entitled to take title and the full beneficial interest in her entire estate pursuant to the provisions of her will or whether the full title or, if not, the beneficial interest under a constructive trust passes to the plaintiff and the def endant Curtis as the heirs at law and next of kin of the testatrix. The material facts alleged in the complaint as amended may be thus summarized: On November 1,1949, in Stamford, the defendant Plunkett shot and killed his wife, Esther Bird Plunkett. Upon an indictment charging hi™ with murder in the second degree of his wife, Plunkett was convicted of manslaughter on March 15,
The defendant Plunkett demurred to the amended complaint on the ground that it alleged that he “was charged with the crime of murder in the second degree in the killing of his late wife and that he was convicted of the crime of manslaughter and under Section 7062 of the General Statutes, Revision of 1949, it appears that only a person finally adjudged guilty of murder in the first or second degree is barred to inheritance from or participation under the will of the person killed.” Section 7062 is entitled “Person guilty of murder not to inherit from victim.” Its pertinent provisions are: “No person finally adjudged guilty, either as the principal or accessory, of murder in the first or second degree shall be entitled to inherit or take any part of the real or personal estate of the person killed, whether under the provisions of any act relating to intestate succession, or as devisee or legatee, or otherwise under the will of such person .... With respect to inheritance from or participation under the will of the person killed, the person so finally adjudged guilty of murder in the first or second degree shall be considered to have predeceased the person killed.” The question for decision is whether the demurrer was properly sustained on the ground that eonvic
In determining the proper interpretation of § 7062, we must keep the provisions of three other statutes clearly in mind. Section 7309 relates to succession by a surviving spouse to property of the other who dies intestate. Section 6951, entitled “Wills, how made and executed,” prescribes what is essential to the making of a valid will in Connecticut. Section 6956 provides: “If, after the making of a will, the testator shall marry or a child shall be born to [him] or a minor child shall be legally adopted by him, and no provision [was made in his] will for such contingency, [it] shall operate as a revocation of such will. No will or codicil shall be revoked in any other manner except by burning, cancelling, tearing or obliterating it by the testator or by some person in his presence by his direction, or by a later will or codicil.” The express terms of the first statute leave no room for doubt that under it, if it controlled and if Plunkett’s wife when killed by him had left no will, he would inherit her entire estate as intestate, since the complaint shows that there was neither a parent nor a child surviving. From the express terms of the statute as to the making of wills and the statute concerning their revocation, with the explicit and positive provisions in the latter as to what alone can accomplish revocation, it is equally clear that, if these statutes controlled, Plunkett under his wife’s will would derive title to her entire
The gist of the plaintiffs’ argument, as we understand it, involves these propositions: The decisions of the courts do not create the common law but, when rendered, are only declaratory of the law that already exists. In the absence of a statute excluding the common-law authority of the courts, no person can take a devise or a legacy under the will of a testator whom he has feloniously killed, or, if he takes the legal title, he is subject to a constructive trust in favor of the heirs at law or next of kin. Section 7062 does not affect the common-law authority of the court to declare invalid or void a devise or a legacy in the will of a testator feloniously killed by the devisee or the legatee or to impose a constructive trust upon the devisee or the legatee. The statute has only the specific and limited application of permitting, in cases to which it applies, the introduction of the judgment of guilty of murder in the first or second degree to prove, in a civil action, the commission of the act charged — evidence which otherwise would be inadmissible. Page v. Phelps, 108 Conn. 572, 588, 143 A. 890.
Proceeding upon this thesis and, so, assuming that § 7062, instead of constituting an effective declaration as to the only killer who is precluded from receiving property by the death of his victim, the plain
In that case there was no statute similar to § 7062. The sole question was whether the testator’s grandson, who had murdered the testator, could take as a beneficiary under his will. The majority opinion stated (p. 509) that, while the purpose of the statutes concerning wills was “to enable testators to dispose of their estates to the objects of their bounty at death, and to carry into effect their final wishes legally expressed,” and it “was the intention of the law-makers that the donees in a will should have the property given to them,” it “never could have been their intention that a donee who murdered the testator to make the will operative should have any benefit under it.” The court then stated (p. 511) this as the ground of accomplishing the result: “Such an intention is inconceivable. We need not, therefore, be much troubled by the general language contained in the laws. Besides, all laws as well as all contracts may be controlled in their operation and effect by general, fundamental maxims of the common law. No one shall be permitted to profit by his own fraud, or to take advantage of his own wrong, or to found
In accord with the holding in the Riggs case, a minority of courts have held that one who has feloniously killed his benefactor cannot inherit from him notwithstanding there is no express statute similar to § 7062. Estate of Wilkins, 192 Wis. 111, 119, 211 N.W. 652, 51 A.L.R. 1106, and note, 1113; Price v. Hitaffer, 164 Md. 505, 514, 165 A. 470; De Zotell v. Mutual Life Ins. Co., 60 S.D. 532, 538, 547, 245 N.W. 58; Slocum v. Metropolitan Life Ins. Co., 245 Mass. 565, 570, 139 N.E. 816; Perry v. Strawbridge, 209 Mo. 621, 632, 108 S.W. 641; In the Estate of Hall, [1914] P. 1. In these decisions, as in the Riggs case, the courts have based their denial of the killer’s right to take on a “reasonable interpretation” of the descent statutes and have read into them the common-law maxim and the civil-law rule that benefits of statutes in derogation of the common law will not be enforced where to do so would be against public policy.
Two of the judges in the Riggs case filed a strong dissenting opinion. In it they pointed out (p. 515 et seq.) that the question could not “be affected by considerations of an equitable nature,” that the court was “bound by the rigid rules of law, which have been established by the legislature, and within the limits of which the determination of this question is confined,” and that a will could not be altered or revoked after the testator’s death “through an ap
As stated above, there was no statute similar to § 7062 involved in the decision of the Biggs case. These further cases, of many which could be cited, in addition to those mentioned in the second paragraph above, support the majority view that, in the absence of' such a statute, a killer is not precluded from taking: Hagan v. Cone, 21 Ga. App. 416, 417, 94 S.E. 602; Carpenter’s Estate, 170 Pa. 203, 208, 32 A. 637; Crumley v. Hall, 202 Ga. 588, 43 S.E.2d 646; Welsh v. James, 408 Ill. 18, 21, 95 N.E.2d 872; Owens v. Owens, 100 N.C. 240, 241, 6 S.E. 794; Gollnik v. Mengel, 112 Minn. 349, 351, 128 N.W. 292; Eversole v. Eversole, 169 Ky. 793, 795, 185 S.W. 487; see also Cleaveland, Hewitt & Clark, Probate Law & Practice, p. 807; 1 Woerner, American Law of Administration (3d Ed.) § 64a. These authorities make clear that judicial tribunals have no concern with the poliey of legislation and that they cannot engraft upon the provisions of the statutes of descent and distribution an exception to bar one who feloniously kills his benefactor from succeeding to the latter’s property. A number of cases which accord in result with those adopting the doctrine of the Biggs case are concerned with contract rights as distinguished from statutory rights and when properly analyzed may be harmonized with decisions supporting the majority view. This is well illustrated by a comparison of two Ohio cases. In Filmore v. Metropolitan Life Ins. Co., 82 Ohio St. 208, 92 N.E. 26, a husband who was
The plaintiffs seek to distinguish the majority rule as one relating to intestate but not to testate estates. The suggestion is made that this is so since laws governing intestacy are purely statutory, while the rules controlling wills are subject to judicial control. This hardly constitutes a sound basis for distinction, for, as was pointed out earlier in this opinion, descent of the decedent’s property in this case would be fully dependent upon the statutory provisions mentioned, whether it was testate or intestate. As Dean Ames has stated in discussing the Biggs case, “In the case of the devise, if the legal title did not pass to the devisee, it must be because the testator’s will
After full consideration of the reasons advanced by counsel and those contained in the many authorities which have been cited, it is our conclusion that, at the time when § 7062 was originally adopted as § 1316i of the 1947 Supplement to the General Statutes, the right of a surviving husband who had killed his wife to succeed to the latter’s property was dependent solely upon the application of the provisions of either the statutes as to wills or the statutes as to succession, as the ease might be, unaffected by any such rule of the common law as is claimed by the plaintiffs. The effect of the adoption of § 7062 is the remaining question. The conclusion just stated leaves little force to the plaintiffs’ principal argument in support of the construction of $ 7062 for which they contend. It limits the question of interpretation simply to a determination of the effect to be accorded this section as an amendment of the statutes concerning wills and succession referred to above. As so viewed, its wording is so clear and free from ambiguity as to leave little room for doubt as to its meaning. In so far as applicable to the facts of the instant case, it simply states that “[n]o person finally adjudged guilty ... of murder in the first or second degree shall be entitled to inherit or take any part” of the property “of the person killed,” either by virtue of any succession statute or under
The language of § 7062 is so plain that we merely mention certain factors which confirm the fact that it means just what it says. Similar statutes have been enacted in a large number of states, apparently because of a general opinion that otherwise inheritance under statute or devise could not be barred to one guilty of killing his benefactor. These statutes have been strictly construed as penal statutes and the prohibition held to extend no further than the crimes named and the estates delineated. We mention but a few of the many cases so holding. Estate of Kirby, 162 Cal. 91, 92, 121 P. 370; Tarlo’s Estate, 315 Pa. 321, 324, 172 A. 139; Harrison v. Moncravie, 264 F. 776, 784; Blanks v. Jiggetts, 192 Va. 337, 342, 64 S.E.2d 809; Hogg v. Whitham, 120 Kan. 341, 342, 242 P. 1021; In re Estate of Emerson, 191 Iowa 901, 906, 183 N.W. 327; Wenker v. London, 161 Ore. 265, 271, 88 P. 2d 971; Smith v. Greenburg, 121 Colo. 417, 422, 218 P.2d 514; Strickland v. Wysowatcky, (Colo.) 250 P.2d 199. Only three decisions have been brought to our attention where, under such a statute, the plaintiffs’ interpretation is sustained: Garner v. Phillips, 229 N.C. 160, 162, 47 S.E.2d 845; Smith v. Todd, 155 S.C. 323, 336, 152 S.E. 506; Metropolitan Life Ins. Co. v. Hill, 115 W.Va. 515, 518, 177 S.E. 188. The last two of these are life insurance eases.
A final cogent fact indicative that the legislature’s intent in adopting §7062 was not to exclude other than “convicted murderers” from taking appears from a colloquy in the house of representatives.
Inasmuch as all the facts alleged in the complaint as amended stood admitted upon the demurrer, the case presented a pure question of law for determination. Since the prayers for relief, predicated upon
There is no error.
In this opinion Jennings and Inglis, Js., concurred.
Concurring Opinion
(concurring). Since the General Assembly has now determined our public policy respecting inheritance by unlawful homicide, I can concur in the result reached by my colleagues. Such inheritance is prohibited, under the limitations set by legislative enactment, only when the homicide amounts to murder and only when the would-be inheritor has been convicted of that crime. General Statutes § 7062. I disagree, however, with that part of the opinion which holds that, prior to the passage of the statute in 1947 (Sup. 1947, § 1316i), the common law of Connecticut permitted a murderer to take from his victim by will or descent. A majority of my brethren take the position that, in spite of its repulsiveness, inheritance by murder was legally justified before 1947 because, they say, its prevention would have required the court to nullify the statute of wills and the statute of descent and distribution. This reasoning, it seems to me, is faulty. Equity offers a method which will result in nullifying neither statute. Under that method, both statutes are permitted to operate. By resort to equity, however, the property passing to the murderer would be impressed with a constructive trust for the benefit of those who, in case of testacy, would have been entitled to the property on the death of the testator if the devise or bequest to the mur
In this opinion Baldwin, J., concurred.
Reference
- Full Case Name
- Singleton H. Bird v. James G. Plunkett Et Al.
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