Misenheimer v. Misenheimer

MARTIN, Justice.

Isam R. Misenheimer was murdered by his son John.1 After providing for payment of his debts, funeral and other expenses, *693Isam’s will left his residuary estate to his eight surviving children, including John, in equal shares. John has two sons. The question presented by this action for a declaratory judgment is how to distribute John’s share in light of the “slayer statute,” article 3 of chapter 31A of the General Statutes of North Carolina, which bars one who “willfully and unlawfully” kills another as principal or accessory from sharing in the other’s estate.

Articles I and II…