In Re Estate of Shields

584 P.2d 139, 224 Kan. 604, 1978 Kan. LEXIS 383

Opinions

The opinion of the court was delivered by

Holmes, J.:

This case is before the court on a petition for review of a decision of the Court of Appeals. The original action in the trial court was for a determination of the distribution of the property of Robert Dean Shields, who died intestate of gunshot wounds inflicted by his wife, Victoria Ann Shields. Victoria was convicted of feloniously killing her husband. Victoria and Robert owned both real and personal property as joint tenants. The two children of the couple claim that by reason of K.S.A. 59-513, Victoria has no interest in any property in which Robert had an interest, including the property held in joint tenancy. Victoria claims she is the owner of one-half of the joint tenancy property and that if she is deprived of that ownership by K.S.A. 59-513, the statute contravenes Section 12 of the Bill of Rights of the Kansas Constitution.

The district court adopted the position of the children and held that Victoria succeeded to no interest in the joint tenancy property. The Court of Appeals reversed the judgment of the district court and held:

“When Victoria Shields murdered her husband and was subsequently convicted of second degree murder, the joint tenancy was severed and terminated and she became a tenant in common with the heirs of her husband. She retains an undivided one-half interest in the property. The lower court erred in depriving her of that interest.” In re Estate of Shields, 1 Kan. App.2d 688, 694, 574 P.2d 229.

We have carefully reviewed the record, including excellent briefs of the parties and amici curiae, and adhere to the opinion of the Court of Appeals.

The decision of the Court of Appeals is affirmed, the decision of the district court is reversed and the case is remanded to the district court for further proceedings consistent with the views set forth in the opinion of the Court of Appeals.