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MISENHEIMER v. MISENHEIMER

No. 368PA83.

325 S.E.2d 195 (1985)

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.

Supreme Court of North Carolina.

January 30, 1985.

Attorney(s) appearing for the Case

Henderson & Shuford by Robert E. Henderson, Charlotte, for plaintiff-appellant.

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

MARTIN, Justice.

Isam R. Misenheimer was murdered by his son John.1 After providing for payment of his debts, funeral and other expenses, Isam'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,"...

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