ARTICLE: THE NEW NORTH DAKOTA SLAYER STATUTE: DOES IT CAUSE A CRIMINAL FORFEITURE? Skip over navigation
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Copyright (c) 2007 North Dakota Law Review
North Dakota Law Review

ARTICLE: THE NEW NORTH DAKOTA SLAYER STATUTE: DOES IT CAUSE A CRIMINAL FORFEITURE?

2007

North Dakota Law Review

83 N.D. L. Rev. 997

Author

Bradley Myers*

Excerpt



I. INTRODUCTION
 
The obituary notice for Enolf Snortland listed his son Robert as one of his survivors. 1 The family knew what the community would soon learn - Robert had shot his father. The personal issues that could cause a minor fight over a dog chasing sheep to turn into a homicide would never be uncovered. The killing resulted in years of news coverage while authorities searched for Robert, not always with the support of the victim's family. 2 Authorities recovered Robert's body not far from the murder scene seven years later. 3

Thirty years later, however, the killing of Enolf Snortland served as one of the motivations for a change to the Uniform Probate Code (UPC) as adopted in North Dakota. 4 Enolf Snortland's estate included property that he and Robert held in joint tenancy. 5 Applying the UPC as then effective in North Dakota, the district court ruled that the joint tenancy property was severed into equal shares of tenancy in common property, with Enolf Snortland's estate taking one share and Robert taking the other. 6 Some legislators expressed amazement that this was the result under the law. 7 The court also ruled that Robert's son, Robbie, would receive the intestate share that Robert would have inherited. 8 The change adopted by the legislature reverses the first of these results by changing the treatment of joint tenancy property when one of the joint tenants kills another.

Equity has laid out the principle that no person should be ...
 
 
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