BETTY WHITFIELD, as Administratrix, etc., Plaintiff and Respondent, v. LEO FRANCIS FLAHERTY, Individually and as Executor, etc., Defendant and Appellant

228 Cal. App. 2d 753 · 7354

California Court of Appeal · Filed July 29, 1964

Holding

The court held that a testator who intentionally murders his wife is barred from taking under her will by operation of a constructive trust, and the property must pass to the contingent beneficiary named in her will, as he is the person who would otherwise have received it but for the wrongful killing.

Statutes construed

PROB § 258

Cited by (1)

Estate of GUISEPPE CASTIGLIONI, Deceased. ANNIE J. CASTIGLIONI, Petitioner and Respondent, v. ELIZABETH DEL POZO, as Special Administrator, etc., Objector and Appellant (1995) 40 Cal. App. 4th 367

Authorities cited (3)

E. R. ABBEY, as Public Administrator, etc., Respondent, v. JOSEPH R. LORD, Appellant 168 Cal.App.2d 499
Estate of LAWRENCE R. HELWINKEL, Deceased; HENRY JOHN HELWINKEL, Petitioner and Respondent, v. ESTHER M. HELWINKEL, Executrix, etc., Objector and Appellant 199 Cal.App.2d 283
Beck v. West Coast Life Insurance 38 Cal.2d 643