Lynn v. Lynn

890 S.W.2d 694, 1995 Mo. App. LEXIS 9, 1995 WL 1540
CourtMissouri Court of Appeals
DecidedJanuary 3, 1995
DocketNo. 19444
StatusPublished
Cited by5 cases

This text of 890 S.W.2d 694 (Lynn v. Lynn) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lynn v. Lynn, 890 S.W.2d 694, 1995 Mo. App. LEXIS 9, 1995 WL 1540 (Mo. Ct. App. 1995).

Opinions

CROW, Judge.

Appellant, Linda Lynn, Personal Representative of the Estate of Raymond H. Lynn, Deceased, appeals from an order allowing a claim by Mary Lynn (“Claimant”) against the estate. Appellant’s sole point relied on presents an issue of first impression. The pertinent facts are undisputed.1

Claimant was once the wife of Raymond H. Lynn (“Decedent”). Their marriage was dissolved by a decree signed September 14, 1992. The decree awarded Claimant: (a) sundry property, (b) $1,000 as “partial attorneys fee,” and (c) $300 per month maintenance.

Decedent died intestate on February 7, 1993.

On August 12, 1993, Claimant filed a $6,269.19 claim against Decedent’s estate. The claim had several components, among which were the attorney fee awarded by the decree, unpaid maintenance, and money due from the sale of property awarded Claimant by the decree. The parties agree: “All of [Claimant’s] requests for relief are grounded in the divorce decree.”

Appellant filed an answer to the claim. The answer pled, inter alia:

“... claimant ... is not entitled to ... file her claim against the Estate ... by reason that the claimant participated in causing the death of Raymond Lynn. The claimant’s unlawful actions act as a bar and an offset to whatever claim that she might assert against the Estate.... ”

[695]*695In her brief, Appellant characterizes the above allegation as “the affirmative defense.” For convenience, so shall we.

The parties stipulated in the trial court that Claimant maintained the affirmative defense could not, as a matter of law, be raised by the estate. The parties asked the trial court to decide that issue.

The trial court, in a thoughtful three-page memorandum, analyzed several cases and, treating the issue as a motion by Claimant to strike the affirmative defense from Appellant’s answer, granted the motion.

The parties thereafter filed a stipulation in the trial court stating, in pertinent part:

“... the Estate would not present any other defenses to the claim of [Claimant] ... other than the defense of [her] possible participation in the decedent’s death. The Estate concedes that the amounts claimed by [Claimant] are yet unpaid.
Therefore, the Estate stipulates that the Court may rule on the claim of [Claimant] based upon the pleadings of the parties in this ease.”

The trial court thereupon entered the order referred to in the first sentence of this opinion, awarding Claimant the $6,269.19 she demanded.

Appellant’s lone point relied on reads:

“The trial court erred in striking the affirmative defense raised by the Estate ... because the Estate’s affirmative defense that [Claimant’s] claim should be barred or offset due to her participation in causing [Decedent’s] death stated a defense upon which relief could be granted in that section 473.407, R.S.MO. (1965) allows the personal representative to raise equitable and legal defenses that would offset or bar [Claimant’s] claim.”

Section 473.407, RSMo 1986, cited in Appellant’s point, reads:

“Any ... administrator may assert the same offsets and other defenses against any suit or other proceeding instituted against the estate of his ... intestate which he might have made in his lifetime.”

The question we must decide is carefully framed in Appellant’s brief:

“The issue in this case concerns whether an estate can raise the claimant’s participation in causing the death of the decedent as a defense to a monetary claim that arose independent of the death.
The claim [is] for unpaid obligations that arose from a divorce decree. [Appellant is] not appealing either the amounts contained in the claim or whether they have been paid.
The trial judge ruled that the Estate’s affirmative defense should be stricken. That ruling effectively prohibited the Estate from putting evidence before the Court that [Claimant] caused the death of [Decedent].”

Appellant concedes she, in her capacity as personal representative, cannot bring a wrongful death action against Claimant for Decedent’s death. Nonetheless, argues Appellant, she, in her representative capacity, is allowed by § 473.407 (quoted supra) to assert the affirmative defense against Claimant.

Missouri cases have consistently barred those who intentionally kill from receiving anything from the victims’ assets.

In Perry v. Strawbridge, 209 Mo. 621, 108 S.W. 641 (1908), a man murdered his childless wife, then committed suicide. The murderer’s children (by another woman) claimed the murderer had inherited half the victim’s property by reason of a statute which read: “When a wife shall die without any child or other descendants in being capable of inheriting, her widower shall be entitled to one-half of the real and personal estate belonging to the wife at the time of her death....” 108 S.W. at 645. The murderer’s children insisted they were entitled to the half of the victim’s estate which the murderer inherited.

The Supreme Court of Missouri disagreed, noting the common law maxim that no one shall be permitted to take advantage of his own wrong, or to found any claim upon his own iniquity, or to acquire property by his own crime. Id. at 644. The Supreme Court held the common law was part of the law of succession, hence the statute under which the murderer’s children claimed had to be construed in harmony with the common law. Id. [696]*696at 645. Accordingly, the Supreme Court ruled:

“ “Widower’ as ... used [in the statute] means one who has been reduced to that condition by the ordinary and usual vicissitudes of life, and not one who, by felonious act, has himself created that condition.”

Id. at 648.

Perry was applied 58 years later by In re Estate of Laspy, 409 S.W.2d 725 (Mo.App.1966), where a wife was convicted of voluntary manslaughter in causing her husband’s death and filed a claim against his estate for a statutory widow’s allowance of one year’s support plus cash in lieu of specific personal property. The widow maintained Perry did not bar her claim because the killing in Perry was murder, whereas she was convicted of only manslaughter. Id. at 730. The appellate court rejected that argument, holding that the widow could qualify for the statutory benefits only if she had become a widow by the ordinary and usual vicissitudes of life and not by a felonious act which created that condition. Id. The court cautioned it was not deciding whether the widow’s claim would be barred had she been convicted of “unintentional, accidental, involuntary manslaughter or manslaughter caused by culpable negligence.” Id. at 731.

Twenty years after Laspy, this Court cited Perry and Laspy in holding that a widow convicted of conspiracy to commit capital murder of her husband was barred from invoking § 474.160, RSMo 1978, to take a portion of his estate against his last will and testament. In re Estate of Danforth, 705 S.W.2d 609

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Cite This Page — Counsel Stack

Bluebook (online)
890 S.W.2d 694, 1995 Mo. App. LEXIS 9, 1995 WL 1540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lynn-v-lynn-moctapp-1995.