Dougherty v. Cole

SUPREME COURT CASES

Laws-info.com » Cases » Illinois » 4th District Appellate » 2010 » Dougherty v. Cole

Dougherty v. Cole

State: Illinois

Court: 4th District Appellate

Docket No: 4-09-0658 Rel

Case Date: 04/29/2010

Preview:Filed 4/29/10

NO. 4-09-0658 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT

) Appeal from ALYCIA L. DOUGHERTY, as Administratrix ) Circuit Court of of the Estate of JANE ANN COLE, ) Macon County Deceased, ) No. 08P192 Petitioner-Appellee, ) v. ) Honorable JACK JASON COLE, JR., ) Albert G. Webber, Respondent-Appellant. ) Judge Presiding. _________________________________________________________________ JUSTICE POPE delivered the opinion of the court: In October 2008, petitioner, Alycia L. Dougherty, in her capacity as administratrix of the estate of Jane Ann Cole, filed a three-count complaint concerning the estate of her deceased mother. Count I sought a determination of (1) whether

respondent, Jack Jason Cole, Alycia's brother, caused Jane's death and if so, (2) whether Jack was barred from receipt of Jane's property pursuant to section 2-6 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/2-6 (West 2008)), commonly referred to as the "Slayer Statute." Count II alleged Jack wrong-

fully caused the death of the decedent under section 2 of the Wrongful Death Act (740 ILCS 180/2 (West 2008)) and sought damages therefor. Count III requested attachment of Jack's

property pursuant to section 4-101 of the Code of Civil Procedure (735 ILCS 5/4-101 (West 2008)). Jack raised insanity as an

affirmative defense to each count of the complaint.

In August 2009, the trial court (1) found Jack was excluded from taking property from Jane's estate pursuant to the Slayer Statute, (2) awarded Alycia $200,000 on the wrongful-death count, and (3) attached Jack's interest in two accounts for which his mother named him a beneficiary. court's determinations. We affirm. I. BACKGROUND On June 7, 2008, Jack suffered a severe manic episode and beat and stabbed his mother to death in her home, where he had been living with her. Alycia as her only heirs. Jane died intestate, leaving Jack and In July 2008, Alycia was issued Jack appeals each of the

letters of administration for her mother's estate. In June 2008, Jack was charged by the Macon County State's Attorney with first degree murder in case No. 08-CF-770. An August 2008 psychiatric evaluation revealed that at the time of the killing, Jack suffered a severe manic episode with psychotic features and, as a result of those symptoms, was incapable of appreciating the criminality of killing his mother. In

November 2008, Jack was found not guilty of first degree murder by reason of insanity. In October 2008, Alycia filed a petition pursuant to the Slayer Statute. 755 ILCS 5/2-6 (West 2008). Specifically,

Alycia sought to bar Jack from recovering his half of their mother's assets, which amounted to approximately $114,000 and - 2 -

included a thrift savings plan and Federal Employee's group life insurance policy under which he was a 50% beneficiary. In May 2009, both parties provided the trial court with memoranda of law. Alycia argued the Slayer Statute precluded

Jack from any recovery because he intentionally and unjustifiably caused the death of his mother. Alycia contended the question

for the court was whether Jack killed his mother intentionally despite his insanity. Jack argued applying the Slayer Statute to

a criminally insane person does not further the purpose of the statute or have any legitimate public-policy objectives. In July

2009, the court determined Jack was barred from receiving any property from his mother's estate under the Probate Act, found Jack liable in the wrongful-death action, and attached any of Jane's assets for which Jack was named a beneficiary. This appeal followed. II. ANALYSIS A. Slayer Statute Issues of statutory construction are reviewed de novo. Weather-Tite, Inc. v. University of St. Francis, 233 Ill. 2d 385, 389, 909 N.E.2d 830, 833 (2009). In construing a statute, our

main objective is to ascertain and give effect to our legislature's intent. N.E.2d at 833. Weather-Tite, Inc., 233 Ill. 2d at 389, 909 Alycia identifies a Washington case holding that

the Washington's version of the slayer statute there was invoked - 3 -

to bar an insane, murderous beneficiary from taking in the absence of a criminal conviction. See In re Estate of Kissinger,

166 Wash. 2d 120, 122, 206 P.3d 665, 666 (2009) (a person who participates in the "wilful and unlawful" killing of person is prohibited from receiving any benefit resulting from his act). Jack identifies several cases from other jurisdictions finding an insane, murderous beneficiary may inherit from his victim absent a criminal conviction. See In re Estate of Brumage, 460 So.

2d 989, 990 (Fla. 1984), citing Fla. Stat.

Download Dougherty v. Cole.pdf