Riggs Debate

I will agree that the courts do have a legal obligation to achieve justice in every case that is brought to their attention. However in this particular case, we are seeing the courts as being a parental figure. The reason I say this is due to the fact that the courts feel that they have a decision to make as to whether or not Mr. Palmer should receive the estate.It is clear in the statutes that there is no law or doctrine claiming that a person who does murder the heir, they should not receive any property that is claimed in the will to be theirs. The possible reason as to why there isn't any statute protecting the courts to do such decision is because the law makers did find that any person who would kill the heir then, he or she would receive the proper punishment through the criminal courts. Elmer Palmer is already getting his sentence, and is receiving the proper punishment for the crime that he committed. And while I also agree that courts do have the discretion to decide what is the right decision to this particular case, the decision is absurd. The statute in question stated that " no will in writing, except in the cases hereinafter mentioned, nor any part thereof, shall be revoked or altered otherwise."And no explicit provision there in after mentioned covered the facts raised in the case . To conclude that Francis Palmer's will should be carried out as written, even if the effect were to give his murderer most of his estate. To do otherwise would be to act illegitimately where the laws were silent and to impose a penalty above and beyond the punishment already meted out in the criminal trial. By allowing this to happen, we go back to the courts being a parental figure to society. The courts should alter or tell us on how we should right our wills, even if such a tragedy were to happen. The courts should simply go by what the laws state. The estate would still remain for Mr.Palmer until he has served his sentence. It is not a waste to allow the will to stay how the heir wanted it to be. It would just simply be waiting till Mr. Palmer is out of prison. Another question at hand would be, if we allow the courts to make such decision on this case, then we must be okay with the courts making their own decision even if it is not on law or statute or doctrine. Then it is okay for judges to go with their gut is telling them to do and simply ignore the laws that have been written. Justice does need to be served and it is was served because Mr. Elmer Palmer has been convicted of murder without a doubt. By allowing the courts to alter the heirs will, then we are allowing the courts to alter our rights even when we have passed away. Allowing this the courts to make just decision we are allowing the courts to make their own decision, allowing this particular case to be the precedent case of the other cases that are going to come after , we will be seeing these cases being handled in a way that isn't right. I do agree that we should not allow a criminal to rewarded for his or her actions however Mr. Elmer Palmer is not going alway with no punishment, he is being punished by the criminal courts. Just because the civil courts do not have the ability to punish the criminal does not mean he is being rewarded. We need to allow the law makers to use this case as an acknowledgment that the courts need a statute, law or doctrine protecting the courts. Protecting them to be able to alter or revoke a will when someone kills the heir to receive a part of an estate or property that is stated in the will. I do believe that the law makers did not find it necessary to have such a statute or doctrine for this type of predicament, maybe because these law makers agreed that the criminal courts would take care of the punishment. However, as we can see that it might be necessary have such a statute, due to the fact that by allowing the courts to alter the law and make the decision without any typing of rule or law inspire the decision. Therefore, I believe that mr. Elmer Palmer should receive the estate once he has paid his dues by doing his time in prison.