Misenheimer v. Misenheimer

The majority strains to reach what it considers the preferable result that John Misenheimer’s two children take his entire testamentary share, rather than the share which the slayer statute accords them. I, too, like this result. But I cannot get to it under the slayer statute. The majority’s effort to do so has resulted in an opinion which is internally inconsistent, at odds with its own premises, and which, inexplicably, substitutes the provisions of the anti-lapse statute for those of the slayer statute. The opinion violates that well-established canon of statutory construction that when…