Congleton v. Sansom
Florida District Court of Appeal
664 So. 2d 276 (1995)
- Written by Liz Nakamura, JD
Facts
Coleman Smith strangled his wife, Vera Smith, to death. Coleman called 911 after strangling Vera and expressed remorse. The responding police officers took Coleman into custody and sent him for an involuntary mental evaluation. Iris Congleton (plaintiff) was appointed Coleman’s guardian. Coleman repeatedly told arresting officers that he remembered strangling Vera. Coleman was charged with second-degree murder but was found not guilty by reason of insanity, without going to trial. In a separate, civil proceeding, Elaine Sansom (defendant), the personal representative for Vera’s estate, petitioned for a determination of beneficiaries, arguing that the slayer statute should apply to disinherit Coleman. Expert testimony at the trial claimed that Coleman was probably legally insane when he strangled Vera. The trial court ruled that Coleman was excluded from Vera’s estate under the slayer statute. Congleton appealed, arguing that (1) Coleman’s insanity rendered the slayer statute inapplicable, (2) the slayer statute was inapplicable because Coleman never went to trial in the criminal case, (3) the killing was a legal accident, and (4) Sansom failed to meet her burden to prove the killing was unlawful and intentional.
Rule of Law
Issue
Holding and Reasoning (Benton, J.)
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