The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-11-26
MURDERER'S
HEIRS PROFIT
BY HIS CRIME
Decision in Frank Be-
LEWIS Case.
DEED ENRIcAEs RELATIVES
INHERIT THE WEALTH OF HIS
VICTIMS.
Assassin's Estate to Receive Its
Share in the Distribution of the
Property of the Two Pr
sons He Killed.
DEED ENRIcAEs RELATIVES
INHERIT THE WEALTH OF HIS
VICTIMS.
Special Dispatch to The Cal1.

Special Dispatch to The Call.
SUISUN, Nov. PA novel case, in
volving fine legal points and the first
of it's kind ever tried in California, has
been decided by Judge Buckles of So
lano County. The question involved
was whether man could acquire prop
erty by his own crime. Judge Buckles
decides that he may, and that his heirs
shall receive the benefits. The decision
in part follows:
Louie, Frank, Arthur, Thomas and
Susie Belew were brothers and sisters.
Louie and Susie were unmarried and each
possessed estates in their own right: The
father and mother were both dead. Frank
was without means and possessed a fam
lily with whom. at the tune, he was not
living. He murdered Louie and Susie
with no other apparent motive than to
succeed to a portion of their respective
estates. He pleaded guilty, was sen
took place in the State prison at Folsom
on the 18th day of June, 1898.
The petition for the distribution of the
estates of Susie and Louie Below asks
that said estates be distributed in equal
shares to the surviving brothers and to
the estate of Frank Beiew.
One of the brothers files objections to
any distribution be1Ag made to the estate
of Frank Belew, on the ground that, he
tate left by them. TO this objection a
general demurrer lis interposed. The OBJ
lection is based upon a case determined
October 8, 1889, decided by the Court of
Appeals of New, York, and reported in
(kiggs VS.. Palmer) % N. E. R., page 1SS
That was case where the grandfather
made his will, beQueathing to his grand
son, Elmer, the residue of the estate.
Elmer, who was 16 years of age, knew
the grandfather had manifested an in
tent to revoke this part of his WILL and of
this the boy had knowledge, and to pre-
vent this being done and in order to come
into possession of the residue of the es-
tate, according to the bequest, he muir
dered his grandfather.
The court held that the act of murder
there operated to revoke that part of the
will, and that Elmer could take moth
ing. The statutes of succession or of de-
scent contained no express provision by
which one who murders his ancestor or
one from whom he is otherwise Untitled
to inherit, is precluded from inheriting or
of succeeding to his victims estate, nor
does the statute which provides for the
revocation of wills make the murder of
the teStator revocation of the Will. But
the court said in substance:
1.-THE laws of New York relating to the
estates will not be construed so as to
secure the benefit of a will to a legatee
who has killed the testator in order to
prevent the revocation of the will"
This ruling has been severely criticised
by other courts of like jurisdiction on
the ground that the New York court con-
which plainly the Legislature did not in
tend to and had not put there. 1t is true
that the Supreme Court of Nebraska ap
proved the rule laid down in the New
York case in a case entitled Shellenber-
ger VS.. Ransom ct al. a n. w. r. 200. In
inherit or succeed to MS daughters
estate providing she died first, and in
order that he might succeed to his
However, this Nebraska case was not
permitted to stand as thus decided for
rehearing was granted, and. on such re,
hearing the court found itself and quoted
the true rule in the Interpretation of
such statutes.
In this State the Code has provided as
civil Code, Section 13s6-When any
person having title to any estate not
otherwise limited by marriage contract
dies without disposing of the estate by
will, it is succeeded to and must be dis
tributed, unless otherwise expressly pro-
vided in this Code and the Code of Civil
his debts, in the following manner
Then follows the order in which the es-
tate is succeeded to, and there is not here
nor in this Code or the Code of Civil Pro-
ceedure anywhere any provision that in
any manner forbids the murderer from
taking an estate that would otherwise
descend to him.
In this case | was asked in effect to so
reform said section 1886 by adding provi-
so thereto in about this language: Pro
vided that If the heir murdered the de-
ceased he shall not succeed to any or his
estate"
or that must say that the Legislature
intended to include such a proviso. In
less this court can do this the estate of
Louie and Susie Below must be distribu-
ted in equal parts to the estate of the
murderer Frank Below, and the two sur
viving brothers.
In order to give the law such a mean
ing as is here suggested l must first find
that said section 1886 is not clear in its
terms, is uncertain in it's directions, is
ambiguous and does not express fully the
legislative intent. But simple reading
of the section at once brushes away all
thought of ambiguity, shows the certainty
impresses the reader with the certainty
that the full intent of the Legislature as
to the succession of property is expressed
therein. Therefore, having no legislative
powers whatever, and not being con-
cerned as to the poncy of the law, this
court is unable to reach out and corral
some real or fancied Legislative intent
which has been floating about for all
these years since the adoption of the
Codes, and inject 1t into this section, to
change the meaning, which now Is clear
and well defined. This is not parallel Of
that where the beneficiary ina life inSur-
ance policy murders the assured TO get
the insurance. Fraud and contractunal
relations are then to be considered and
not the law of succession.
give the Interpretation sought by the OBJ
1ectors would add an additional pun
ishment to the crime of murder not known
to the laws of the State. But while such
would be the logical result, do not deem
it necessary to discuss that point.
IT has been seen we have only to look
to the law of succession for a determine
ton of this question. For the reasons
herein stated the demurrer is sustained.