In Re the Estate of Moore

The question intended to be raised on this appeal concerns the right of one convicted of manslaughter to take under the will of his victim. However, we sire holding, on our own motion, that the appeal is premature. A statement of the facts and of the status of the litigation is necessary to make apparent the reason for that holding.

Joseph A. Moore made a brutal assault upon his 79-year-old mother, Mary A. Moore, on June 25, 1948. She died on July 7, 1948, leaving a will dated June 27, 1938, by which she appointed Joseph A. Moore, her only child, as executor, and devised and bequeathed all of…