Judge Issues Brewer Rule

AsI have previously discussed, Leatrice Brewer drowned her three children andthen sought a portion of her children’s $350,000 estate, the settlement amountof wrongful death lawsuits with Nassau County.

Despitenever being convicted of a crime due to her mental disease, Nassau CountySurrogate’s Court Judge Edward McCarty ruled that Brewer may not share in herchildren’s estate.  The judge agreed thatNew York’s Son of Sam law, which prevents criminals from profiting from theircrimes, did not apply in this case.

Nonetheless, Judge McCarty said, “The fact that the statecannot criminally punish an insane defendant is irrelevant to a determinationof whether it is equitable for the killer to inherit from the victim.”  Referring to his decision as the Brewer rule, the judge said, “There is a directcausal link between her wrongdoing and the benefit she seeks.  The funds only exist because of Ms. Brewer’swrongful conduct.”

See Frank Eltman, Judge: No Estate Rights for NY Mom WhoKilled Kids, Associated Press, Nov. 6, 2013.

Special thanks toJim Couch for bringing this article to my attention.