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MISENHEIMER v. MISENHEIMER

No. 8226SC718.

303 S.E.2d 415 (1983)

Donald E. MISENHEIMER, Executor under Will of Isam R. Misenheimer v. John E. MISENHEIMER, Carolyn M. Prince, Donald E. Misenheimer, Thomas M. Misenheimer, Sylvia M. Gruendler, Sharon M. Misenheimer, Kenneth R. Misenheimer, John E. Misenheimer, Jr., and Samuel Misenheimer, minor.

Court of Appeals of North Carolina.

June 21, 1983.

Attorney(s) appearing for the Case

Henderson & Shuford by William A. Shuford, Charlotte, for plaintiff-appellant.

Jo Hill Dobbins, Charlotte, for defendants-appellees, John E. Misenheimer, Jr., and Samuel Misenheimer.

BRASWELL, Judge.

At issue is whether John E. Misenheimer's share under the will of his deceased father, Isam R. Misenheimer, should be distributed to his sons or to the seven other children of Isam R. Misenheimer.

The facts are not in dispute. John E. Misenheimer was convicted before the Mecklenburg County Superior Court of first-degree murder of his father, Isam R. Misenheimer. His conviction was upheld by the Supreme Court in State v. Misenheimer,

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