Whaley v. Avery

The sole question presented on this appeal involves the effect to be given to those provisions of the will which provide certain bequests for K., under the peculiar facts and circumstances heretofore related. Our Reports contain no precedent, and the question to be determined is one of first impression in this state. The exhaustive briefs presented by counsel have been of great aid to the court and have lightened its burdens.

The record does not disclose that K. when he committed the murder had knowledge of the will, so that in that respect the case differs from a number of others in foreign…