Legal Opinion

Garner v. . Phillips

Supreme Court of North Carolina

Decided June 4, 1948PublishedCited by 20 opinions

1Opinion of the CourtReviN, J.

By the judgment appealed from the youthful defendant Thomas Lee Phillips has been denied beneficial inheritance from his deceased parents for the reason that it ivas found he had murdered both his father and his mother. Upon reason and authority we think the case has been correctly determined.

It is a basic principle of law and equity that no man shall be permitted to take advantage of his own wrong, or acquire property as the result of his own crime. Bryant v. Bryant, 193 N. C., 372, 137 S. E., 188; Parker v. Potter, 200 N. C., 348, 157 S. E., 68; Pearson v. Stores Corp.. 219 N. C., 717…

2Cases cited29 opinions

  1. New York Mutual Life Insurance v. ArmstrongSupreme Court of the United States · 1886
  2. Perry v. StrawbridgeSupreme Court of Missouri · 1908
  3. Slocum v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1923
  4. Bryant v. . BryantSupreme Court of North Carolina · 1927
  5. Carpenter's EstateSupreme Court of Pennsylvania · 1895

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3Cited by20 opinions

  1. Wilson v. Crab Orchard Development CompanySupreme Court of North Carolina · 1970
  2. Apitz v. DamesOregon Supreme Court · 1955
  3. Bird v. PlunkettSupreme Court of Connecticut · 1953
  4. Bullock v. Expressmen's Mutual Life InsuranceSupreme Court of North Carolina · 1951
  5. In Re the Estate of PerrySupreme Court of North Carolina · 1961

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