Mom Sues To Stop Abusive Ex-Son-In-Law From Inheriting Deceased Daughter's Share Of Home; Suit Says Domestic Violence Incident Led To Woman's Death

In Kanawha County, West Virginia, The West Virginia Record reports:

• The mother of a St. Albans woman whose case of domestic violence set a national precedent is now seeking to prohibit her former son-in-law from deriving any benefit from her daughter's estate.
• Elena Campbell filed suit against Christopher J. Bailey on May 4 in Kanawha Circuit Court. In her complaint, Campbell, 74, of South Charleston, asks that a court order be entered against Bailey, 50, barring his ability to inherit anything from his wife Sonya Bailey's estate since torturing her in 1994 ultimately resulted in her recent death. According to the suit, Sonya on Feb. 25, 1993, purchased a home at 6716 MacCorkle Ave. in St. Albans. Later on Nov. 7, 1994, she conveyed title of the home to both she, and Chris.
• A quarrel between the two on Nov. 26, lead Chris to abduct Sonya, and place her in the trunk of his car. During the next five days, he kept her bound in the trunk all the while assaulting and beating her. Eventually, Chris took Sonya to Baptist Regional Hospital in Corbin, Kentucky. After she was initially treated there, Sonya, who was near death, was later airlifted to Morgantown for additional treatment.
• Though initially arrested and charged in Kentucky, Chris was later extradited back to West Virginia to face kidnapping, and, for the first time in U.S. history, interstate domestic violence charges. The later was enabled by the then-recently enacted Violence Against Women Act.
• Following a trial, Bailey was found guilty on both charges. On Sept. 11, 1995, U.S. District Judge Charles Haden II sentenced Bailey to 20 years on the interstate domestic violence, and life on the kidnapping charge. Also, Haden fined Bailey $100, and ordered him to pay $40,000 in restitution to Sonya. Currently, he is incarcerated at the Gilmer Federal Corrections Institution in Glenville.
• Due to being deprived of oxygen while in the trunk of Chris' car, Sonya lapsed into a permanent vegetative state. After a long stay in a nursing home, she died on Dec. 19 at age 49.
• After posting a $10,000 bond, records show the Kanawha County Commission appointed Campbell the administratrix of Sonya's estate on Feb. 10. Since she died intestate, or without a will, Chris, by law, is entitled to inherit from Sonya's estate, including the house.
• However, Campbell wants to deny him that right on the grounds "his felonious criminal acts caused the death of his wife...Sonya Bailey."(1) Along with an order barring Chris' intestate succession interest in Sonya's estate, Campbell seeks another lifting the liens the federal government and Equifax placed on the house for $100, and $40,000, respectively.
• In her suit, Campbell says this is necessary so that title of the home can pass unencumbered to Sonya's sister, Kelly Campbell, and her daughter, Samantha, who've occupied, and paid taxes on it since Sonya's death.
• Campbell and the estate are represented by Bruce Perrone and Elizabeth Wehner with Legal Aid of West Virginia.(2)

Source: Mother of domestic violence victim challenging son-in-law's estate claim.

(1) How this case turns may well depend on the application of West Virginia's common-law "slayer rule" as well as the state's "slayer statute" (W.Va.Code, 42-4-2), an issue which was most recently addressed by the Supreme Court of Appeals of West Virginia in Plumley v. Bledsoe, 216 W.Va. 735, 613 S.E.2d 102 (2005). In that case, the West Virginia high court affirmed a lower court ruling that cut out a son, who killed his mother, from consideration when determining inheritance rights to the deceased mother's property, despite the fact that there was no criminal conviction against the son for the death.

For a discussion of the "slayer rule", see Sneddon, Karen J.: Should Cain's Children Inherit Abel's Property: Wading into the Extended Slayer Rule Quagmire, 76 UMKC L. Rev. 101 (2007-2008).

(2) Legal Aid of West Virginia provides free advocacy services to West Virginians with twelve offices throughout the state, from Wheeling to Princeton, Martinsburg to Logan. Click here for a map of its office service areas.