Johnson v. Ottomeier

Where a husband murders his wife and then commits suicide, leaving children, does the wife’s personal representative have a cause of action against the husband’s estate, for the benefit of the children, under the wrongful death act of this state? The trial court said “no.”

The case comes to us in this way: Antone J. Ottomeier murdered his wife, Anna C. Ottomeier, and, within minutes thereafter, committed suicide. Mamie Rose Ottomeier was appointed executrix of each estate. Gordon Johnson, a surviving son of Anna C. Ottomeier, petitioned the court to remove Mamie Rose Ottomeier as executrix of…