Texas Constitution:Article I, Section 21: Difference between revisions

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* ''Mitchell v. Akers'', 401 S.W.2d 907, [https://scholar.google.com/scholar_case?case=15926852054926593598#p911 911] (Tex.Civ.App.–Dallas 1966, n.r.e.) (citations omitted) ("Early decisions construed the constitutional provision and the statute literally and held that a willful murderer who was an heir of his victim, did not forfeit his right but would inherit his part of the property of the deceased. However, later decisions hold that without contravening or circumventing the constitutional and statutory provisions a way is provided through equity to compel a murderer to surrender the profits of his crime and thus . . . . Our Supreme Court in discussing ''Hill v. Noland'', ''supra'', impliedly approved the constructive trust principle.")
* ''Mitchell v. Akers'', 401 S.W.2d 907, [https://scholar.google.com/scholar_case?case=15926852054926593598#p911 911] (Tex.Civ.App.–Dallas 1966, n.r.e.) (citations omitted) ("Early decisions construed the constitutional provision and the statute literally and held that a willful murderer who was an heir of his victim, did not forfeit his right but would inherit his part of the property of the deceased. However, later decisions hold that without contravening or circumventing the constitutional and statutory provisions a way is provided through equity to compel a murderer to surrender the profits of his crime and thus . . . . Our Supreme Court in discussing ''Hill v. Noland'', ''supra'', impliedly approved the constructive trust principle.")


* ''American National Insurance Co. v. Coates'', 246 S.W. 356, [https://texaslegalguide.com/images/Vol_246_SWR_356.pdf#page=4 359] (Tex. 1923) ("It being the policy of the state, as declared by these constitutional and statutory provisions, that no conviction shall work corruption of blood or forfeiture of estate, as applied to the inheritable estate of the party executed, we cannot see any reason why the same declaration should not be made to apply to the proceeds of an insurance policy, payable to beneficiaries who were in no wise a party to the offense against the law, and, as in this case, who would be under our statute of descent and distribution the parties who would benefit by the inheritable estate.")
* ''American National Insurance Co. v. Coates'', 246 S.W. 356, [https://texaslegalguide.com/images/246_SW_356.pdf#page=4 359] (Tex. 1923) ("It being the policy of the state, as declared by these constitutional and statutory provisions, that no conviction shall work corruption of blood or forfeiture of estate, as applied to the inheritable estate of the party executed, we cannot see any reason why the same declaration should not be made to apply to the proceeds of an insurance policy, payable to beneficiaries who were in no wise a party to the offense against the law, and, as in this case, who would be under our statute of descent and distribution the parties who would benefit by the inheritable estate.")


* ''Davis v. Laning'', 19 S.W. 846, [https://texaslegalguide.com/images/019_SW_846.pdf#page=1 846] (Tex. 1892) ("Attainders, outlawry, deprivation of property except by due process of law, and the corruption of blood or forfeiture of estate, as a result of conviction of crime, are expressly prohibited by the organic law. Const. art. 1, §§ 16, 19-21. Section 21 declares that . . . . This provision is invoked by the plaintiffs in error, but it aids their case no further than a declaration that a convict may either inherit himself or transmit inheritance. It does not attempt to determine at what time the descent of his estate shall be cast, but excludes this idea by the express regulation concerning the estates of suicides.")
* ''Davis v. Laning'', 19 S.W. 846, [https://texaslegalguide.com/images/019_SW_846.pdf#page=1 846] (Tex. 1892) ("Attainders, outlawry, deprivation of property except by due process of law, and the corruption of blood or forfeiture of estate, as a result of conviction of crime, are expressly prohibited by the organic law. Const. art. 1, §§ 16, 19-21. Section 21 declares that . . . . This provision is invoked by the plaintiffs in error, but it aids their case no further than a declaration that a convict may either inherit himself or transmit inheritance. It does not attempt to determine at what time the descent of his estate shall be cast, but excludes this idea by the express regulation concerning the estates of suicides.")