cover image: The Calcutta Law Journal. August 16th  1933

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The Calcutta Law Journal. August 16th 1933

1933

THE EFFECT OF MURDER ON THE RIGHT OF THE MURDERER TO TAKE ANY BENEFIT IN THE ESTATE OF THE MURDERED PERSON UNDER THE ENGLISH LAW (BY MR. [...] could take by inheritance the estate of a person whom he murders for the pupose of removing the life estate standing between him and that estate On review however this view was abandoned and the transferees were held entitled to the estate of the murdered child notwithstanding it was found that they had taken with the knowledge that the transferor was the murderer. [...] jurisprudence." If the murderer is disqualified from taking under the Statute of The murderer is to be Distributions his proper share in the estate of regarded as not exist ing the murdered person in the case of an when the succession intestacy the next question arises whether opened and as not foring the stock for a fresh the murderer should be regarded as (a) not line of descent. [...] " The artificial distinction between legal and equitable estates is part of the English law and the next questiOn arises —Is the murderer disqualified wholly as to both legal and equitable estates or only as to the beneficial interest in the estate of the murdered person ? The murderer not existing in the eye of law when the succession opened no distinction should be drawn between the murderer [...] cannot inherit to the murdered person: because the murderer was the channel through which the right of succession not to the muderer's estate but to the estate of the murdered person went to them and when the channel becomes tainted or obstructed the right to succeed ceas::s to flow on to them.
law
Pages
8
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
The Calcutta Law Journal. August 16th 1933
17-24 unknown view

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