Wilson v. Bates
| Decision Date | 13 June 1950 |
| Citation | 313 Ky. 333 |
| Parties | Wilson et al. v. Bates et al. |
| Court | United States State Supreme Court — District of Kentucky |
Action by John C. Bates against Cecil C. Wilson and others, involving attempted mortgage of an undivided interest in realty owned by mortgagor's parents at time of their death, wherein named defendant and another filed a cross-petition. The Circuit Court, Monroe County, James C. Carter, Jr., J., entered judgment dismissing the answer and cross-petition, and named defendant and another appealed, and a cross-appeal was taken. The Court of Appeals, Helm, J., held that statute providing that any spouse, heir at law, etc., who takes the life of another and is convicted therefor of a felony forfeits all interests in property of the decedent is not unconstitutional and that no part of estate of parents vested in mortgagor who killed them and was convicted therefor of a felony and that attempt before conviction to mortgage an undivided one-half interest in their realty was without effect.
Judgment affirmed on both the appeal and cross-appeal.
1. Constitutional Law. — The General Assembly has power to enact any legislation not forbidden by state or Federal Constitution.
2. Constitutional Law. — Courts are reluctant to declare acts of the General Assembly unconstitutional and any doubt regarding the constitutionality of a statute must be resolved in favor of its constitutionality.
3. Statutes. — The statute providing that any spouse, heir at law, etc., who takes the life of another and is convicted therefor of a felony forfeits any interest in property of the decedent is new legislation, complete in itself, without reference to other laws and does not amend or purport to amend any other legislation so that republication of any part of any old law that may be changed or repealed by the new law is unnecessary. KRS 381.280; Const. sec. 51.
4. Statutes. — The statute providing that any spouse, heir at law, etc., who takes the life of another and is convicted therefor of a felony, forfeits any interest in property of the decedent operates uniformly upon all members of the classes named throughout the state and is "general legislation" and not a "special" or "local act" in violation of constitutional provision against adoption of local or special acts to change the law of descent, distribution or succession. KRS 381.280; Const. Sec. 59(8).
5. Statutes. — Legislation which applies to and operates uniformly upon all members of any class of persons requiring legislation peculiar to themselves in the matter covered by the legislation is "general legislation" and not a "special" or "local act." Const. Sec. 59(8).
6. Descent and Distribution. — No part of the estate of parents vested in son who killed them and was convicted therefor of a felony and his attempt to mortgage his interest in their realty before his conviction was without effect, since by killing parents, son immediately forfeited his right to inherit from either of them and his conviction was merely a judicial determination that he had forfeited such right. KRS 381.280.
Terry L. Hatchett, George J. Ellis, Jr., and Frank W. Jones for appellants.
G.D. Milliken, Jr., Cass R. Walden, and Paul Carter, for appellees.
Before James C. Carter, Jr., Judge.
Affirming.
On June 22, 1947, Dr. J.C. Bates and his wife, Ethel P. Bates, of Tompkinsville, were shot and killed by their son, Robert J. Bates. Robert J. Bates was charged in separate indictments with the crime of wilful murder of his father, Dr. J.C. Bates, and of his mother, Ethel P. Bates. On December 15, 1947, Robert J. Bates plead guilty to the crime of wilful murder of his father, and to the crime of wilful murder of his mother. A jury found him guilty on each plea and fixed his punishment at life imprisonment on each of the charges. He was sentenced to life imprisonment on each of the charges and is now confined in the state reformatory serving these sentences.
Dr. J.C. Bates and his wife, Ethel P. Bates, were joint owners of a house and lot in Tompkinsville, worth about $15,000, and were also the owners of personal property valued at about $5,000. By a will of August 4, 1945, Dr. Bates left $250 to his son, appellee John C. Bates, and $250 to his son Robert J. Bates. The residue of his estate he devised to his wife, Ethel P. Bates.
Ethel P. Bates died intestate. It is not established as to which died first. They were both shot and killed at the same time. For the purposes of this record that seems to be immaterial, as their only surviving children were John C. Bates, and their son Robert J. Bates, by whom they were killed.
Shortly after killing his parents, Robert J. Bates employed appellants, Cecil C. Wilson and Philip Wilson, to defend him on the two charges of murder. On June 30, 1947 he executed and delivered to them a note in the amount of $4,000 for their fee, and to secure the note he "mortgaged, sold and conveyed" to Cecil C. Wilson and Phillip Wilson real estate in Monroe Country "more particularly described as follows, towit: My undivided one-half interest in the described tract or parcel of land." The tract described is the house and lot owned by his parents at the time of their murder.
This action was filed by John C. Bates setting out the above facts, and pleading that in June 1947, and after the murder of Dr. J.C. Bates and his wife, Ethel P. Bates, Robert J. Bates employed the appellants, Cecil C. and Phillip Wilson, as counsel to represent and defend him on the two charges of wilful murder, and at the same time executed and delivered to them the abovementioned mortgage. Appellants answered admitting the execution of the mortgage and their representation of Robert J. Bates, and plead that "any forfeiture of his interest in the estate of his father, Dr. J.C. Bates, and his mother, Ethel P. Bates, became effective upon his conviction for felony in taking the life of said J.C Bates and Ethel P. Bates, towit, on the 15th day of December, 1947; if in fact any such forfeiture became effective at all."
By amended answer and cross-petition appellants plead that KRS 381.280 is contrary to the provision of the Constitution of Kentucky and to the Constitution of the United States; that Robert J. Bates executed the mortgage in good faith and upon valid consideration, and at a time when his ownership of a one-half interest in the property covered by the mortgage was unquestioned. The trial court overruled appellants' demurrer to the petition, and sustained the demurrer to their answer and cross-petition as amended. Appellants declining to plead further, their answer and cross-petition was dismissed. They appeal, assigning as errors: (1) That KRS 381.280, Chapter 97, Acts of 1940, is unconstitutional; that it violates sections 51 and 59 (8) of the Constitution of Kentucky; and (2) assuming that KRS 381.280 is constitutional, it...
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