McNIEL v. KRAMME (1977)

Appellant argues ‘that a person who intentionally kills another person and who has not committed one of the felonies specifically enumerated in Probate Code § 258, is not precluded from taking as an heir by that section even though that person intentionally committed some other unlawful act which resulted in the death of the decedent.'¹ We disagree.

The facts are reported in the trial court's memorandum of decision: ‘Motion to establish interest in an estate, brought by the administratrix. Decedent met her death as the result of shotgun wounds. Her husband, with good reason, suspected decedent with carrying on an affair with another man. Anticipating their coming to her home together, he preceded them home, drove his wife's car off the driveway, drove his car into the garage, closing the door, and replacing the wife's car in its original position on the driveway. He then secreted himself in the sewing room and awaited the arrival of his wife and her lover. He saw them arrive and heard them enter the house and converse, the wife referring to her companion as ‘honey.’ He took down, removed from its case, and loaded a double barreled ‘over and under’ shotgun, stepped out into the entry hall, pointed the gun at his wife's lover and said: ‘So there's nothing between you and my wife.’ The wife's lover grabbed the gun and struggle ensued, the gun waving back and forth. The wife came up behind her lover and as she did so, the gun discharged, hitting her and inflicting the fatal wound. [¶] The husband and wife had been having marital troubles for a year and he had told her lover to stay away. He testified he took the gun to show his wife's lover he meant business. There is no evidence he intended to shoot his wife. [¶] The husband entered a negotiated plea of nolo contendere to involuntary manslaughter as a result of the killing.'

In Estate of McGowan (1973) 35 Cal.App.3d 611, 111 Cal.Rptr. 39, we pointed out the ‘foundation rooted in public policy that prohibits the killer from obtaining title to property as the fruit of his crime [citations omitted]’ and that ‘[t]he general principle that bars the wrongdoer from unjustly enriching himself and profiting by his own wrong has been codified in Civil Code sections 2224 and 3517.'² (Id., at pp. 615–616, 111 Cal.Rptr. at p. 4243.) It is well settled that “every statute should be construed with reference to the whole system of law of which it is a part so that all may be harmonized and have effect.’ (Stafford v. Los Angeles etc. Retirement Board, 42 Cal.2d 795, 270 P.2d 12, 14.)' (Select Base Materials v. Board of Equal (1959) 51 Cal.2d 640, 645, 335 P.2d 672, 675.) We conclude that sections 2224, 3517, and 258 are properly harmonized and given effect by the trial court's reasoning in its memorandum of decision in that appellant ‘didn't intentionally kill his wife, [however] he did intentionally cause her death’ and therefore, he cannot succeed to her estate.

Judgment affirmed.

FOOTNOTES

FOOTNOTE.  

1.  Section 258 of the Probate Code provides:‘No person who has unlawfully and intentionally caused the death of a decedent, and no person who has caused the death of a decedent in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, mayhem, or any act punishable under Section 288, Penal Code, shall be entitled to succeed to any portion of the estate or to take under any will of the decedent; but the portion thereof to which he would otherwise be entitled to succeed goes to the other persons entitled thereto under the provisions of this chapter or under the will of the decedent. A conviction or acquittal on a charge of murder or voluntary manslaughter shall be a conclusive determination of the unlawfulness or lawfulness of a causing of death, for the purpose of this section.’

2.  Section 2224 of the Civil Code provides: ‘One who gains a thing by fraud . . . or other wrongful act, is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the benefit of the person who would otherwise have had it.’Section 3517 of the Civil Code provides: ‘No one can take advantage of his own wrong.’

THE COURT:* FN* Before TAYLOR, P. J., and KANE and ROUSE, JJ.