In Re Estate of Foster

The opinion of the court was delivered by

Price, J.:

This case presents a very interesting question in view of our statute, G. S. 1949, 59-513, which provides:

“No person who shall be convicted of feloniously killing, or procuring the killing of, another person shall inherit or take by will or otherwise from such other person any portion of his estate.”

A husband and wife own real estate as joint tenants with right of survivorship and not as tenants in common. The husband is convicted of the second degree murder of his wife. In such a situation does the husband, as surviving joint tenant, succeed…