dissenting:
Although the decision of the majority is based upon the persuasive decisions of People v. Bey (1969), 42 Ill. 2d 139, 246 N.E.2d 287, People v. Spears (1967), 83 Ill. App. 2d 18, 226 N.E.2d 67, and People v. McGuane (1958), 13 Ill. 2d 520, 150 N.E.2d 168, in none of those cases was the court presented with the issue raised by the instant appeal. Bey and Spears both related to the use of a conviction, then on appeal, to impeach the testimony of a witness. In People v. McGuane the court held that a pending appeal of a criminal conviction does not abate a vacancy in public office based on such conviction.
In the case at bar, Susan Davidson is entitled to the proceeds of the life insurance policy on the life of Stephen Davidson unless she is ultimately found to be criminally responsible for Stephen’s death. However, the proceeds of the policy may have been dissipated by the successor beneficiary before all appeals have been concluded.
For that reason, and in the absence of any specific statutory or court determination to the contrary, I would reverse the judgment of the circuit court of Madison County and require that the proceeds of such policy not be distributed pending final determination of the issue of the guilt of Susan Davidson of the murder of her husband, Stephen Davidson.