Misenheimer v. Misenheimer

BRASWELL, Judge.

At issue is whether John E. Misenheimer’s share under the will of his deceased father, Isam R. Misenheimer, should be distributed to his sons or to the seven other children of Isam R. Misenheimer.

*707The facts are not in dispute. John E. Misenheimer was convicted before the Mecklenburg County Superior Court of first-degree murder of his father, Isam R. Misenheimer. His conviction was upheld by the Supreme Court in State v. Misenheimer, 304 N.C. 108, 282 S.E. 2d 791 (1981). Isam R. Misenheimer died testate, leaving his residuary estate to his eight children, each of whom was…