Dr. Duncan R. Danforth, a 75-year-old man of substantial means, married 21-year-

Question

Dr. Duncan R. Danforth, a 75-year-old man of substantial means, married 21-year-old Loretta Ollison. Immediately following the ceremony, the newlyweds went to a lawyer’s office, where Danforth executed a newly prepared will, naming Ollison a principal beneficiary of his estate. Four days later, Danforth was murdered by Michael Stith, Ollison’s lover. In a criminal trial, Ollison was convicted of conspiracy to commit murder and was sentenced to 10 years in prison. Can Ollison recover under the will or take her elective share of the estate under the state’s intestacy statute? In re the Estate of Danforth, 705 S.W.2d 609, 1986 Mo. App. Lexis 3757 (Court of Appeals of Missouri)

Explanation / Answer

It depends on if as Ollison is an accomplice in the crime or not.

If substantial evidence suggests and Ollison is found guilty of aiding murder to gain access to the wealth then , she is not the natural heir of the wealth and the will would not stand.

But if the connection of the murder is not evident and Ollison is not proven accomplice to the murder then she is the rightful owner and can claim the riches as per the will as it stands.

As here the decision automatically puts Ollison as a convict. The will is null and void.

Related Questions

Navigate

• Browse (All)
• Browse D
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.