The Providence news. (Providence [R.I.]) 1891-1906, 1896-03-25
CAN'T INHERIT BY MURDER.
Mrs. Fleming, Though Untried, Not TO
Have Her Money.

The report OF Referee Lawrence Godkin
fnding that Mary Alice Almont Fleming
should not be permitted to draw on the
fund OF $50, coo in the custody of the court
from the estate of her father, Judge Rob-
ert Swift Livingston, pending her trial
on the indictment for the murder OF her
mother by p ison, has been confirmed by
Justice Pryor of the Supreme Court, in
New York. A curious feature of the de-
cision Is that the result of the criminal
trial Is not finding of fact as to the mur-
der for the civil proceeding. The Judge
says,
"The petitioner is indicted for the muir
der OF her mother upon the termination
of whose life the petitioner was to have
the property in question. BY the murder
of her mother, IL IL so be, the petitioner
at once secured property which she would
and she accelerated the possession and
enjoyment of that property"
The Judge says there is no distinction
ib principle between this case and that of
Riggs agt. Palmer 1l5 n. Y, 5O6), al
though in that case Palmer had been con-
victed of the murder and in this case
Mrs. Fleming has only been indicted. He
says the difference is OF no significance to
the present proceeding, and adds:
'In civil action involving an issue
Of fact between private parties the deter
mination of that fact in criminal prose-
cution by the people is not even evidence,
much less a conclusive adjudication OF the
fact; hence, the conviction of the pc
titioper on the trial OF tie indictment
for the murder of her mother would not
be legal proof of the fact OF the murder in
this proceeding and between these liti-
gants.'
In the Palmer case the issue of murder
"A - sxsI at,,f In of.,sI
He says further:
"The essential and the decisive fact in
this case. shown by the indictment, Is
that the petitioner Is charged with the
criminal destruction of the life, the ex-
piration of which was the indispensa BILE
condition of her right TO the possession
and enjoyment of the fund in contro-
versy. The application being to
the court in equity, 1t were sn available
and ipsupera BILE ground of refusal that to
grant itrwould be to concede to the petit
TONER the fruits of her iniquity.
"But trial OF this issue in civil pro-
ceeding ending the Indictment might be
OF private and public mischief Less evil
dence OF the fact of the murder would
suffice in the civil than in the criminal
action. IL the fact be found against the
petitioner in this proceeding upon a mere
preponderancef of evidence 1t might be
OF prejudice to her on the trial of the in
ulctmeHt 10 cohNictIon upon Wnlcn
proof beyond a reasonable DOUBT is requi-
site. III il be answered that this is haz-
ard which the petitioner is willing to as
sumo. then Ii is remarked that her ac-
quittal in this proceeding might be, nay,
probably would be, OF prejudice to pub
lie justice on the trial of the indictment.
In either view, therefore, the issue raised
upon the present application should be
first determined on the trial of the in
diotment.v The rule enunciated IN Riggs
against Palmer, he says, applies here.
'sNo one shall be permitted to profit by
his own fraud or TO take advantage of his
own wrong, or to found any claim upon
his own iniquity, or 10 acquire property
by his own Crime"