Does one who feloniously kills his spouse, and thus survives such spouse, become the sole owner of joint tenancy property?

California, United States of America


The following excerpt is from Abbey v. Lord, 168 Cal.App.2d 499, 336 P.2d 226 (Cal. App. 1959):

A careful examination of the authorities of this state fails to reveal a reported decision upon the precise question before the court. While section 258 of the Probate Code has no direct application, section 2224 should be directly applicable. If not, the question then is, in the absence of statute, does one who feloniously kills his spouse, and thus survives such spouse, thereupon become the sole owner of joint tenancy property? It is difficult to conjure any real distinction here between a tenancy by the entireties, and a joint tenancy, or the rationale of the cases that deal with one common-law form or the other. It would seem that at least to the extent to which the interest of the surviving joint tenant is enlarged, [168 Cal.App.2d 507] the killer should be compelled to hold under a constructive trust, whether drawn from a statute or general equitable

Page 232

In Vesey v. Vesey, supra, it is said at page 389 of 54 N.W.2d:

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