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Keywords

plaintiffdamagesattorneystatutetrustconstructive trust

plaintiffdefendantdamagesattorneystatutepleatrustwillconstructive trust

Related Cases

Bradley v. Fox, 7 Ill.2d 106, 129 N.E.2d 699

Facts

Lawrence Fox and Matilda Fox were married and purchased property in joint tenancy. After Lawrence murdered Matilda, he conveyed the property to his attorney. Matilda's daughter, Alice E. Bradley, and the estate's administrator sought damages for wrongful death and to establish a constructive trust on the property, arguing that Lawrence's actions forfeited his rights as a joint tenant.

It appears from the pleadings that Lawrence Fox and Matilda Fox were married on May 6, 1949, and resided near Rockford, in Winnebago County. On April 18, 1950, they purchased with their individual funds the property in controversy, which they held in joint tenancy. Lawrence Fox murdered his wife on September 14, 1954, and three days later conveyed the premises, then valued at $20,000, to his attorney.

Issue

Whether the daughter of a woman murdered by her husband can sue him for damages under the wrongful death statute, and whether a constructive trust can be imposed on property formerly held in joint tenancy by the husband and wife.

The cause presents the issues of whether the daughter of a woman murdered by her husband can sue the latter for damages under the wrongful death statute, and whether a constructive trust can be imposed upon property formerly held in joint tenancy by a husband and wife where the husband killed his wife and then conveyed the property in trust to the attorney who defended him on the murder charge, as security for attorney's fees.

Rule

Under the Wrongful Death Act, the administrator of a deceased spouse may maintain an action against the surviving spouse for damages resulting from the unlawful killing. Additionally, a felonious act that destroys the joint tenancy rights can lead to the imposition of a constructive trust.

With reference to plaintiffs' claim for damages for the murder of Matilda Fox, this court has determined that under the Wrongful Death Act (Ill.Rev.Stat.1953, chap, 70, par. 2) where a husband unlawfully kills his wife, the administrator of the estate of the wife may maintain an action against the husband, or his estate, for pecuniary loss suffered by the children through the unlawful killing of the mother.

Analysis

The court applied the Wrongful Death Act, determining that Lawrence Fox, as the sole wrongdoer, could not benefit from his actions and thus could not claim rights under the statute. The court also found that his murder of Matilda Fox severed the joint tenancy, allowing for a constructive trust to be imposed on the property, as it would be unconscionable for him to retain the benefits of the property acquired through his crime.

Therefore, it is evident that the circuit court erred in denying plaintiffs' claim for damages from defendant Fox for the wrongful death of Matilda Fox.

Conclusion

The court reversed the Circuit Court's dismissal of the plaintiffs' claims and remanded the case with directions to reinstate the complaint and enter a judgment in favor of the plaintiffs.

On the basis of our analysis, the judgment of the circuit court dismissing plaintiffs' complaint was in error, and the cause will be remanded with directions to reinstate the complaint and enter a judgment in conformity with the views expressed herein.

Who won?

The plaintiffs, Rolland L. Bradley and Alice E. Bradley, prevailed because the court found that Lawrence Fox's wrongful act forfeited his rights to the property and allowed for recovery under the wrongful death statute.

The court's final decision or holding in 1–2 sentences.

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