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Keywords

trialtrustwilldivorceappellantappelleeconstructive trust

appealtrialtrustwilldivorceappelleeconstructive trust

Related Cases

Ford v. Long, 713 S.W.2d 798

Facts

The facts of the case are undisputed. Appellant Paul Ford (Ford) killed his wife, was convicted of murder, and is presently in prison. At the time of the murder, Ford and his wife were in the process of getting a divorce. Ford's wife left a will naming her sister, appellee Gwendolyn Long (Long), as sole beneficiary of her estate. Long sued Ford for partition of a 30.4–acre tract of land (formerly jointly owned by Ford and his wife), including a house and other permanent improvements thereon; partition of money, debts, and an automobile; and for possession of certain furniture, which had been the separate property of Ford's wife.

At the time of the murder, Ford and his wife were in the process of getting a divorce. Ford's wife left a will naming her sister, appellee Gwendolyn Long (Long), as sole beneficiary of her estate. Long sued Ford for partition of a 30.4–acre tract of land (formerly jointly owned by Ford and his wife), including a house and other permanent improvements thereon; partition of money, debts, and an automobile; and for possession of certain furniture, which had been the separate property of Ford's wife.

Issue

The main legal issues the court needed to resolve were whether Ford forfeited his homestead rights in the property due to his conviction for murder, whether Long was entitled to partition, and whether Ford was entitled to the use and benefit of the furniture for life.

Ford brings three points of error, asserting that the trial court erred in concluding that (1) because Ford was convicted of the murder of his wife, he forfeited all homestead rights in the 30.4–acre tract of land; (2) Long is entitled to partition; and (3) Ford is not entitled to the use and benefit of the furniture for life.

Rule

A constructive trust is based upon the equitable principle that a person shall not be permitted to profit from his own wrong.

Analysis

The court applied the rule by determining that the imposition of a constructive trust did not deprive Ford of property lawfully acquired but merely prevented him from acquiring a beneficial interest through his unlawful act. The court reasoned that had Ford predeceased his wife, he would have taken no homestead interest in the land, and thus, he should be precluded from keeping property he takes as a survivor in the community due to his willful act.

Imposition of a constructive trust does not deprive a murderer of property lawfully acquired by him, but merely prevents the murderer from acquiring a beneficial interest through his unlawful act.

Conclusion

The court affirmed the trial court's judgment, ruling that the constructive trust was properly imposed in favor of Long.

We find that the trial court properly imposed a constructive trust.

Who won?

Gwendolyn Long prevailed in the case because the court found that the constructive trust was appropriate, preventing Ford from benefiting from his wrongful act of murdering his wife.

The Court of Appeals, Summers, C.J., held that constructive trust in favor of legatee did not unconstitutionally work a forfeiture of husband's estate, where he would otherwise have acquired the property as a result of his unlawful act.

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