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SWIETLIK v. UNITED STATES

No. 85-1887.

779 F.2d 1306 (1985)

Joseph I. SWIETLIK, personal representative of the estate of Helen V. Safran, deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 26, 1985.

Rehearing and Rehearing Denied January 23, 1986.

Attorney(s) appearing for the Case

Joseph I. Swietlik, Swietlik & Petajan, Milwaukee, Wis., for plaintiff-appellant.

Joan I. Oppenheimer, Asst. Atty. Gen., Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before CUDAHY and POSNER, Circuit Judges, and GRANT, Senior District Judge.

Rehearing and Rehearing En Banc Denied January 23, 1986.

POSNER, Circuit Judge.

Bernard Safran killed his mother, Helen Safran, in 1977, and was allowed to plead no contest to reckless homicide. A trust company, First Wisconsin, was appointed personal representative of the estate. Mrs. Safran's will had left her considerable property to Bernard. Relatives of Helen challenged the will on the ground that the common law bars a murdering heir from

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