Griffin v. Rice, 381 S.W.3d 198 (Ky. Sup. Ct. Sept. 20, 2012)

(husband and wife were separated at time of husband’s untimely death as result of work-place accident; decedent's mother, as administrator of husband’s estate, claimed wife was not entitled to receive any interest in husband’s estate based on state statute that spouse who voluntarily leaves the other and "lives in adultery" forfeits any interest in deceased spouse’s estate; mother presented evidence that wife had drunken sex with another man the night before husband died; court held that legislature  intended phrase “living in adultery” to mean more than a single act of intercourse outside the marriage and required periodic and recurring conduct; also fornication committed by surviving spouse after decedent's death irrelevant under adultery statute because once spouse died, surviving spouse could not commit adultery against the deceased spouse).