Writ denied. The result is correct.
BARHAM, J., is of the opinion the writ should be granted. There is no simultaneous death under our law for dispositions mortis causa. Presumptions of law require that in every event the husband or the wife predeceases the other. The substitution of the executor in case the husband predeceased his wife, the testatrix, at least makes the testament ambiguous. In such a case we should look to intent and are required to construe for...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.