Howard Mahoney died intestate on May 6, 1961, of gunshot wounds. His wife, Charlotte Mahoney, was tried for the murder of Howard Mahoney in the Addison County Court and was convicted by jury of the crime of manslaughter in March, 1962. She is presently serving a sentence of not less than 12 nor more than 15 years at the Women’s Reformatory in Rutland.
Howard Mahoney left no issue, and was survived by his wife and his father and mother. His father, Mark Mahoney, was appointed administrator of his estate which at the present time amounts to $3,885.89. After due notice and hearing, the Probate Court for the District of Franklin entered a judgment order decreeing the residue of the Estate of Howard Mahoney, in equal shares, to the father and mother of the decedent. An appeal from the judgment order and decree has been taken here by the appellant widow.
The cause now before us is here on a direct appeal from the Probate Court. Findings of fact were made below from which it appears that the judgment of the probate court decreeing the estate of Howard Mahoney to his parents, rather than to his widow, was based upon a finding of the felonious killing of her husband by Mrs. Mahoney. The Probate Court used the record of the conviction of the appellant for manslaughter for its determination that the appellant had feloniously killed her husband.
In Vermont, an indictment for murder can result in a jury conviction on either voluntary or involuntary manslaughter. The legislature has provided the sentences that may be passed upon a person convicted of manslaughter, but provides no definition of that offense, nor any statutory distinction between voluntary and involuntary manslaughter.