Drumheller v. Marcello

532 A.2d 807, 516 Pa. 428, 1987 Pa. LEXIS 820
CourtSupreme Court of Pennsylvania
DecidedOctober 15, 1987
Docket62 M.D. Appeal Docket 1986
StatusPublished
Cited by29 cases

This text of 532 A.2d 807 (Drumheller v. Marcello) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Drumheller v. Marcello, 532 A.2d 807, 516 Pa. 428, 1987 Pa. LEXIS 820 (Pa. 1987).

Opinions

OPINION OF THE COURT

PAPADAKOS, Justice.

This is the appeal of Walter L. Drumheller, Franklin W. Drumheller and Betty Jean Armbruster, Executors of the Estate of Elizabeth P. Rothman, Deceased (Appellants) from the opinion and order of the Superior Court affirming an order of the Court of Common Pleas of Lycoming County which dismissed an action in divorce and request for equitable distribution which had been instituted by Appellant’s decedent, Elizabeth P. Rothman, against Sidney J. Rothman, now also deceased, and represented by David Marcello, Administrator of the Estate of Sidney J. Rothman, deceased, (Appellee).

The facts are not in dispute and can be summarized as follows. Sidney J. Rothman and Elizabeth P. Rothman were married on February 13, 1969. On April 28, 1983, Mrs. Rothman instituted an action in divorce against her husband seeking, in addition to a decree in divorce, an equitable distribution of marital property. The complaint also contained a request for counsel fees. Mr. Rothman filed a timely answer and interposed a counterclaim. During the course of discovery proceedings, various orders were entered by the Court of Common Pleas of Lycoming County including an order directing Mr. Rothman to make support payments of $2,000.00 per month and to advance to Mrs. Rothman the sum of $10,000.00 on account of her distributive share to which she would be entitled following the issuance of a decree in divorce.

[431]*431The Honorable Robert J. Wollet, Judge of the Court of Common Pleas of Lycoming County, also directed that Mrs. Rothman have exclusive use of the parties’ condominium in Pompano Beach, Florida, from February 15, 1984, until April 15,1984. Shortly after Mrs. Rothman took possession of the condominium, she was shot and killed by her husband, who had been waiting for her inside the condominium. After killing his wife, Mr. Rothman turned the gun on himself and took his own life.

Following these tragic events, the children of Mrs. Roth-man 1 (Appellants) were appointed Executors under her Last Will and Testament and were substituted as parties to the divorce action. David Marcello (Appellee) was appointed Administrator of the estate of Mr. Rothman and was substituted as the defendant in the divorce action.

Appellee filed a motion to dismiss the divorce action and all ancillary claims since the original parties to the action were dead. The trial court granted the motion on January 15, 1985, and Appellants timely filed an appeal to the Superior Court. That court affirmed the trial court’s order dismissing the causes of action for divorce and equitable distribution, without prejudice to the right of Appellant’s estate to pursue a claim for counsel fees. Drumheller v. Marcello, 351 Pa.Superior Ct. 139, 505 A.2d 305 (1986).

We granted Appellants’ Petition for Allowance of Appeal to examine whether an action for divorce and equitable distribution abates where a wife is killed at the hands of her husband.

An action in divorce is personal to the parties and, upon the death of either party, the action necessarily dies. See, Reese v. Reese, 351 Pa.Superior Ct. 521, 506 A.2d 471 (1986); Haviland v. Haviland, 333 Pa.Superior Ct. 162, 481 A.2d 1355 (1984). We recently reiterated this in Clingerman v. Sadowski, 513 Pa. 179, 519 A.2d 378 (1986), where we noted that:

[432]*432The primary object of a suit for divorce is personal, that is, to change the relation of the parties to each other. In the case of the death of either party that object can no longer be achieved, the marital relation having been terminated by death. The divorce action also terminates since the court can no longer decree a divorce between the parties.

Clingerman, 513 Pa. at 189, 519 A.2d at 384.

Once a decree in divorce is granted, however, and thereafter one of the parties dies, the court can continue with the equitable distribution of the marital property. See, Pastuszek v. Pastuszek, 346 Pa.Superior Ct. 416, 499 A.2d 1069 (1985).

Statutorily, equitable distribution occurs only upon the issuance of a divorce decree. Bacchetta v. Bacchetta, 498 Pa. 227, 445 A.2d 1194 (1982). See also, Dech v. Dech, 342 Pa.Superior Ct. 17, 492 A.2d 41 (1985); 23 P.S. § 401.

Appellants agree that the general principles as to the abatement of divorce actions are as we have recited but strenuously argue that their application to situations where one spouse kills another must be different because of various provisions of the Slayer’s Act.2 They argue that the Act insures that slayers shall not in any way acquire any property or any benefit as a result of the death of their victim and in this case, by slaying Mrs. Rothman, Mr. Rothman acquired a benefit, i.e., the avoidance of equitable distribution.

The Slayer’s Act provides at 20 Pa. C.S. § 8802, in pertinent part, that:

No slayer shall in any way acquire any property or receive any benefit as the result of the death of the decedent ...

In our case In re: Kravitz Estate, 418 Pa. 319, 211 A.2d 443 (1965), we had occasion to construe this same language which was then part of the Slayer’s Act of 1941. We noted [433]*433that the Act enunciates not only sound law, but wise public policy. “The intent of the legislature and the language of the Slayer’s Act are, we believe, clear, a person convicted of murder is not entitled to receive any property of the person he (or she) willfully or unlawfully killed.” Kravitz, 418 Pa. at 327, 211 A.2d at 447.3 This conclusion was arrived at by considering the clear language of the statute and Section 15 of the statute which provided:

This chapter shall not be considered penal in nature, but shall be construed broadly in order to effect the policy of this State that no person shall be allowed to profit by his own wrong, wherever committed.”

20 P.S. § 3455 now found at 20 Pa.C.S. § 8815.

Where a party seeks to invoke the protections available under the Slayer’s Act, a court must determine whether the slayer acquired any property or benefit by slaying the decedent, keeping in mind that the sections of the statute are to be construed broadly to effect the policies of the State.

As applied to this case, we must determine whether Mr. Rothman acquired any property or benefit by slaying his wife. For if he did, then by the clear language of the statute, he must be stripped of it in furtherance of the public policy of this Commonwealth.

The balance struck by the legislature is that between the prevention of the slayer’s self-enrichment by his crime, on the one hand, and his right to retain that property which he possessed immediately before the slaying, on the other hand.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Com. v. Corbin, J.
2024 Pa. Super. 114 (Superior Court of Pennsylvania, 2024)
Schmitt, R. v. Schmitt, L.
Superior Court of Pennsylvania, 2024
Dinardo, S., Aplt. v. Kohler, C.
Supreme Court of Pennsylvania, 2023
Shell, I. v. Shell, B.
2023 Pa. Super. 195 (Superior Court of Pennsylvania, 2023)
In re Estate of Easterday
209 A.3d 331 (Supreme Court of Pennsylvania, 2019)
Berry, J. v. Berry, C.
197 A.3d 788 (Superior Court of Pennsylvania, 2018)
Topel, J. v. Topel, O.
Superior Court of Pennsylvania, 2018
Estate of Vernum v. Estate of Vernum
961 A.2d 181 (Superior Court of Pennsylvania, 2008)
Yelenic v. Clark
922 A.2d 935 (Superior Court of Pennsylvania, 2007)
Hawley v. Commissioner IRS
94 F. App'x 126 (Third Circuit, 2004)
In Re Estate of Bullotta
838 A.2d 594 (Supreme Court of Pennsylvania, 2003)
Titler v. State Employees' Retirement Board
768 A.2d 899 (Commonwealth Court of Pennsylvania, 2001)
Hoffman v. Pennsylvania State Employes' Retirement Board
743 A.2d 1014 (Commonwealth Court of Pennsylvania, 2000)
Simeone v. Simeone (In Re Simeone)
214 B.R. 537 (E.D. Pennsylvania, 1997)
Grim v. Grim
675 A.2d 1281 (Superior Court of Pennsylvania, 1996)
Bakker v. Employee Savings Plan of McDonnell Douglas Corp.
919 S.W.2d 16 (Missouri Court of Appeals, 1996)
Estate of Pinkerton v. Pinkerton
646 A.2d 1184 (Superior Court of Pennsylvania, 1994)
In Re Trust Estate of Jamison
636 A.2d 1190 (Superior Court of Pennsylvania, 1994)
McDonald v. McDonald
621 A.2d 604 (Superior Court of Pennsylvania, 1993)
In Re Estate of Bartolovich
616 A.2d 1043 (Superior Court of Pennsylvania, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
532 A.2d 807, 516 Pa. 428, 1987 Pa. LEXIS 820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drumheller-v-marcello-pa-1987.