ANSTINE v. HAWKINS

No. 10193.

447 P.2d 677 (1968)

92 Idaho 561

Howard ANSTINE, Richard Anstine and Marian Laak, Plaintiffs-Appellants, v. William S. HAWKINS, Administrator of the Estate of Elmer Theodore Anstine, Deceased, Defendant-Respondent.

Supreme Court of Idaho.

November 29, 1968.


Attorney(s) appearing for the Case

Hamilton & Hamilton, Coeur d'Alene, for plaintiffs-appellants.

David A. Frazier, Hawkins & McCabe, Coeur d'Alene, for defendant-respondent.


SPEAR, Justice.

The sole issue presented in this case is whether one who has been convicted of voluntary manslaughter can succeed to the estate of her victim. We conclude that since our statutes of descent and distribution do not provide for exclusion of such an heir, she is entitled to take.

Elmer T. Anstine married Doris L. Anstine on March 23, 1956. They lived together as husband and wife until the former's death on January 14, 1965. On February 27, 1965...

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