In re Estate of Foster

The opinion of the court was delivered by This case presents a very interesting question in view of our
statute, G.S. 1949, 59-513, which provides:

"No person who shall be convicted of feloniously
killing, or procuring the killing of, another person
shall inherit or take by will or otherwise from such
other person any portion of his estate." A husband and wife own real estate as joint tenants with right
of survivorship and not as tenants in common. The husband is
convicted of the second degree murder of his wife. In such a
situation does the husband, as surviving joint tenant, succeed to
the entire interest in the property so owned, or is his right
barred
[182 Kan. 316]