Philen v. Sorensen

SUMMERS, Chief Justice.

Appellee, E. E. Sorensen, independent executor of the estate of Virginia Clark Carroll Thornton Philen, brought suit against the decedent’s husband, James Wesley Phi-len, alleging that the couple’s homestead was Mrs. Philen’s separate property and that by wrongfully and intentionally shooting and killing his wife, the appellant, Mr. Philen, caused his homestead interest, if any, to be subject to a constructive trust with Mr. Philen as constructive trustee and the plaintiffs as the beneficial owners. Additionally, plaintiffs alleged that Mr. Philen had forfeited any…