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SCHMITT v. PIERCE

No. 47537.

344 S.W.2d 120 (1961)

Robbie SCHMITT, Mildred Lois Killion, and L. B. Buchanan, and George T. Killion, Administrator of the Estate of Lois Pierce, Deceased, Respondents, v. Robert O. PIERCE and Helen Hinchey, Administrator and Administratrix of the Estate of Otho Pierce, Deceased, Robert O. Pierce and Helen Hinchey, Appellants, Shirley Ann Pierce, a Minor, and L. G. Pinkley, Guardian of the Property of Shirley Ann Pierce, a Minor, Defendants. Robbie SCHMITT, Mildred Lois Killion, and L. B. Buchanan, and George T. Killion, Administrator of the Estate of Lois Pierce, Deceased, Respondents, v. Robert O. PIERCE and Helen Hinchey, Administrator and Administratrix of the Estate of Otho Pierce, Deceased, and Robert O. Pierce and Laura Pierce, his wife, and Helen Hinchey and Harold Lloyd Hinchey, her husband, Appellants, Shirley Ann Pierce, a Minor, and L. G. Pinkley, Guardian of the Property of Shirley Ann Pierce, a Minor, Defendants.

Supreme Court of Missouri, En Banc.

Rehearing Denied March 13, 1961.

Attorney(s) appearing for the Case

McHaney & McHaney, Kennett, Ward & Reeves, Caruthersville, for appellants.

Roberts & Roberts, Farmington, for respondents.

BOHLING, Commissioner.

Otho Pierce and Lois Pierce, his wife, perished February 19, 1958, the result of an automobile collision. Each died intestate. The fact issues in the trial court were: Did one survive the other, or did they die simultaneously within the meaning of the Uniform Simultaneous Death Act, Chapter 471. (Statutory references are to RSMo 1949 and V.A.M.S.) Defendants make no point on appeal that there was sufficient evidence to establish that Mr. Pierce...

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