Judge Allows Diane McIver Estate Sale to Proceed (UPDATED)

ATLANTA, GA -- The auctioning of Buckhead businesswoman Diane McIver's belongings will proceed this weekend after a Fulton County judge rejected the District Attorney's attempt to stop it.

Superior Court Judge Constance Russell said that it wasn't her jurisdiction to grant an injunction, but rather that of probate court, since that is where McIver's will is being handled, the Atlanta Journal-Constitution reports.

The motion to stop the auction was filed Thursday by Fulton County District Attorney Paul L. Howard Jr. in Superior Court.

Prominent Atlanta attorney Claud "Tex" McIver is selling his wife's items to fund his defense after being charged with involuntary manslaughter and reckless conduct in her death.

In September the couple were being driven in an SUV when Diane McIver, 63, was shot in the back by her husband. He claims that the gun accidentally went off when he fell asleep with it in his lap.

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The sale, which will be handled by Ahlers and Ogletree Auction Gallery on Miami Circle in Buckhead, is set for Saturday and will run through Monday. The auction reportedly features designer purses, fur coats and plenty of diamonds and gold jewelry.

Howard's injunction was based on an interpretation of the state Slayer law, which prevents a party that caused someone's death from benefitting financially from the sale of the deceased's possessions. If the sale is allowed to go forward, Howard wants the judge to stipulate that any proceeds be held until the trial comes to an end, according to a news release.

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McIver’s attorney, William Hill said the defendant has no intention of profiting from the estate sale.

“Never has that been an issue,” Hill told the AJC. “Mr. McIver has always offered to have proceeds go into a trust.”

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