Mahoney's Estate, In re

• Decision Date: 07 June 1966
• Docket Number: No. 591,591
• Citation: 126 Vt. 31,220 A.2d 475
• Court: Vermont Supreme Court
• Parties: In re ESTATE of Howard MAHONEY.

Page 475

220 A.2d 475

126 Vt. 31

In re ESTATE of Howard MAHONEY.

No. 591.

Supreme Court of Vermont.

June 7, 1966.

Charlotte Mahoney, pro se.

Leary & Leddy, Burlington, for defendant.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.

SMITH, Justice.

The decedent, Howard Mahoney, died intestate on May 6, 1961, of gunshot wounds. His wife, Charlotte Mahoney, the appellant here, was tried for the murder of Howard Mahoney in the Addison County Court and was convicted by jury of the crime of manslaughter in March, 1962. She is presently serving a sentence of not less than 12 nor more than 15 years at the Women's Reformatory in Rutland.

Howard Mahoney left no issue, and was survived by his wife and his father and mother. His father, Mark Mahoney, was appointed administrator of his estate which at the present time amounts to $3,885.89. After due notice and hearing, the Probate Court for the District of Franklin entered a judgment order decreeing the residue of the Estate of Howard Mahoney, in equal shares, to the father and mother of the decedent. An appeal from the judgment order and decree has been taken here by the appellant widow. The question submitted is whether a widow convicted of manslaughter in connection with the death of her husband may inherit from his estate.

The general rules of descent provide that if a decedent is married and leaves no issue, his surviving spouse shall be entitled to the whole of decedent's estate if it does not exceed $8,000. 14 V.S.A. § 551(2). Only if the decedent leaves no surviving spouse or issue does the estate descend in equal shares to the surviving father and mother. 14 V.S.A. § 551(3). There is no statutory provision in Vermont regulating the descent and distribution of property from the decedent to the slayer. The question presented is one of first impression in this jurisdiction.

In a number of jurisdictions, statutes have been enacted which in certain instances, at least, prevent a person who has killed another from taking by descent or distribution from the person he has killed. 23 Am.Jur.2d Descent and Distribution, § 98, p. 841. A statute of this nature, carefully drawn, is considered by many authorities to be the best solution to the problems presented. See 'Acquisition of property by wilfully killing another-a statutory solution,' 49 Harvard Law Review 715 (1935-1936).

Courts in those states that have no statute preventing a slayer from taking by descent or distribution from the estate of his victim, have followed three separate and different lines of decision.

(1) The legal title passed to the slayer and may be retained by him in spite of his crime. The reasoning for so deciding is that devolution of the property of a decedent is controlled entirely by the statutes of descent and distribution; further, that denial of the inheritance to the slayer because of his crime would be imposing an additional punishment for his crime not provided by statute, and would violate the constitutional provision against corruption of blood. Carpenter's Estate, 170 Pa. 203, 32 A. 637, 29 L.R.A. 145; Wall v. Pfanschmidt, 265 Ill. 180, 106 N.E. 785, L.R.A. 1915C, 328; Bird v. Plunkett et al., 139 Conn. 491, 95 A.2d 71, 36 A.L.R.2d 951.

(2) The legal title will not pass to the slayer because of the equitable principle that no one should be permitted to profit by his own fraud, or take advantage and profit as a result of his own wrong or crime. Riggs v. Palmer, 115 N.Y. 506, 22 N.E. 188, 5 L.R.A. 340; Price v. Hitaffer, 164 Md. 505, 165 A. 470; Slocum v. Metropolitan Life Ins. Co., 245 Mass. 565, 139 N.E. 816, 27 A.L.R. 1517. Decisions so holding have been criticized as judicially engrafting an exception on the statute of descent and distribution and being 'unwarranted judicial legislation.' Wall v. Pfanschmidt, supra.

(3) The legal title passes to the slayer but equity holds him to be a constructive trustee for the heirs or next of kin of the decedent. This disposition of the question presented avoids a judicial engrafting on the statutory laws of descent and distribution, for title passes to the slayer. But because of the unconscionable mode by which the property is acquired by the slayer, equity treats him as a constructive trustee and compels him to convey the property to the heirs or next of kin of the deceased.

The reasoning behind the adoption of this doctrine was well expressed by Mr. Justice Cardozo in his lecture on 'The Nature of the Judicial Process.' 'Consistency was preserved, logic received its tribute, by holding that the legal title passed, but it was subject to a constructive trust. A constructive trust is nothing but 'the formula through which the conscience of equity finds expression.' Property is acquired in such circumstances that the holder of legal title may not in good conscience retain the beneficial interest. Equity, to express its disapproval of his conduct, converts him into a trustee.' See 4 Scott on Trusts (2d ed. 1956) § 402; Bogert, Trusts and Trustees, (2d ed. 1960), § 478. See Miller v. Belville, 98 Vt. 243, 247, 126 A. 590.

The New Hampshire court was confronted with the same problem of the rights to the benefits of an estate by one who had slain the decedent, in the absence of a statute on the subject. Kelley v. State, 105 N.H. 240, 196 A.2d 68. Speaking for an unanimous court, Chief Justice Kenison said: 'But, even in the absence of statute, a court applying common law techniques can reach a sensible solution by charging the spouse, heir or legatee as a constructive trustee of the property where equity and justice demand it.' Kelley v. State, supra, pp. 69, 70. We approve of the doctrine so expressed.

However, the principle that one should not profit by his own wrong must not be extended to every case where a killer acquires property from his victim as a result of the killing. One who has killed while insane is not chargeable as a constructive trustee, or if the slayer had a vested interest in the property, it is property to which he would have been entitled if no slaying had occurred. The principle to be applied is that the slayer should not be permitted to improve his position by the killing, but should not be compelled to surrender property to which he would have been entitled if there had been no killing. The doctrine of constructive trust is involved to prevent the slayer from profiting from his crime, but not as an added criminal penalty. Kelley v. State, supra, p. 70; Restatement of Restitution, § 187(2), comment a.

The appellant here was, as we have noted, convicted of manslaughter and not of murder. She calls to our attention that while the Restatement of Restitution, approves the application of the constructive trust doctrine where a devisee or legatee murders the testator, that such rules are not applicable where the slayer was guilty of manslaughter. Restatement of Restitution, § 187, comment e.

The cases generally have not followed this limitation of the rule but hold that the line should not be drawn between murder and manslaughter, but between voluntary and involuntary manslaughter. Kelley v. State, supra; Chase v. Jennifer, 219 Md. 564, 150 A.2d 251, 254.

We think that this is the proper rule to follow. Voluntary manslaughter is an intentional and unlawful killing, with a real design and purpose to kill, even if such killing be the result of sudden passion or great provocation. Involuntary manslaughter is caused by an unlawful act, but not accompanied with any intention to take life. State v. McDonnell, 32 Vt. 491, 545. It is the intent to kill, which when accomplished, leads to the profit of the slayer that brings into play the constructive trust to prevent the unjust...