In re Estate of Mahoney

FACTS: The decedent, Howard Mahoney, died intestate after being shot to death by his wife, Charlotte Mahoney (P), who was convicted of manslaughter and sentenced to prison. The decedent was survived only by P and his parents. The trial court entered a judgment decreeing the residue of the decedent's estate to his parents in equal shares. P appeals.

ISSUE: Can a widow convicted of manslaughter for the death of her husband inherit from his estate?

HOLDING: Yes. -reversed-

RULE:
(i) some states hold that legal title passes to the slayer and may be retained in spite of the crime;
(ii) some states hold that legal title does not pass to the slayer because of the principle that no one should be permitted to profit by his own wrong;

ANALYSIS:
trial court did not decree the estate to the widow and then make her a constructive trustee of the estate for the benefit of the parents; rather, the court below decreed the estate directly to the parents. We reverse. The trial court was bound to follow the statutes of descent and distribution and decree the estate to the widow.

Court remanded this case so that application may be made to the chancery court for purposes of imposing a constructive trust and for determination of whether the death of the husband was voluntary manslaugh¬ter or involuntary manslaughter. If no such application is made, then the probate court shall assign to the widow the interest in the estate of her deceased husband.