Bates v. Wilson
| Decision Date | 13 June 1950 |
| Parties | BATES v. WILSON et al. |
| Court | United States State Supreme Court — District of Kentucky |
G. D. Milliken, Jr., Bowling Green, paul Carter, Tompkinsville, for appellant.
Terry L. Hatchett, George J. Ellis, Jr., Frank Jones, all of Glasgow, Abe P. Carter, Tompkinsville, Thompson & Walden, Edmonton, for appellees.
This is a companion case to Wilson, v. Bates, 313 Ky. 333, 231 S.W.2d 39. The facts stated in that case will not be repeated here.
From the separate record filed in this case on this appeal it appears that the pleadings are as outlined in the other case until we reach the 'petition to be made a party, answer, counter-claim, and cross-petition' of the appellee, Barbara Jo Bates, by her guardian, Vernell B. Bates. From that pleading it appears that Barbara Jo Bates is an infant four years of age, the only child of Robert J. Bates and a granddaughter of Dr. J. C. Bates and Ethel P. Bates, whom Robert J. Bates shot and killed.
Her pleading alleges that appellant, John C. Bates, and her father were the only children of her grandparents, Dr. J. C. Bates and Ethel P. Bates. Her father, Robert J. Bates, was convicted of their murder and is now serving life sentences. She pleads that her grandparents were the owners of the property referred to in the companion case; that the felonious acts of killing his parents prevented Robert J. Bates from receiving any part of his parents' estate; that he had no interest in their property which he could mortgage or in any way incumber; that the estate of her grandparents descended a one-half undivided interest to appellant, John C. Bates, the other one-half undivided interest to her.
The trial court overruled appellant's demurrer to appellee's petition to be made a party defendant, answer, counter-claim and cross-petition. Appellant having declined to plead further, the court adjudged that an undivided one-half of the estates of Dr. J. C. Bates and Ethel P. Bates descended to and is the property of Barbara Jo Bates. Appellant appeals.
Appellant says the only issue raised on this appeal may be stated as follows:
In a written opinion the trial court said:
'* * * the question now presented to the court is: To whom does the interest in the estates which would have been inherited by Robert had he not been convicted for the murder of his parents, now descend.
* * *
'In Ohio their statute is, in part, as foldows:
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...by his act forfeits any right to inherit from the deceased wife, citing Wilson v. Bates, 313 Ky. 333, 231 S.W.2d 39, and Bates v. Wilson, 313 Ky. 572, 232 S.W.2d 837. Neither argument is pertinent here; nor is KRS 381.280. This statute creates a forfeiture of a right to inherit property by ......
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