In Re Estates of Deskins

The question on this appeal is whether the estate of the husband is liable for funeral expenses of his wife where both died simultaneously in a common disaster and the estates of both are solvent.

It was stipulated that Eobert Gene Deskins and his wife Martha Deskins were killed in an airplane crash in Colorado August 17, 1962; that there is no sufficient evidence that they died otherwise than simultaneously; that the estate of each is solvent; and there is no dispute as to the amount of the claim for the funeral of the wife.

Upon these facts, the County Judge held that the husband’s estate was…