Baker v. Martin

MAUS, Judge.

The testatrix devised the residue of her estate equally to those of three named persons who survived her by 30 days. One of those three named persons was convicted of the capital murder of the testatrix. The trial court declared the residue passed to the other two of the three named persons. The heirs at law of the testatrix appeal.

This action of the appellant heirs at law was submitted to the trial court upon a stipulation of facts. The critical facts established by that stipulation are the following.

The testatrix was married to Earl F. Martin who predeceased her. The date of his…