Francis B. Palmer had drafted a will leaving most of his estate to his grandson Elmer E. Palmer. Fearing that his grandfather might change the will, Elmer murdered his grandfather by poisoning him. (At the time, New York had not yet enacted a murdering heir statute.) After he was convicted of murder, the daughters of Francis Palmer sought to invalidate their father’s will. They argued that by allowing the will to be executed, Elmer would be profiting from his crime.

CASE QUESTIONS

1. How should the court decide this case?

2. What if Elmer had not been convicted of murder but of manslaughter instead?