Sharp's Adm'r v. Sharp's Adm'r

■CLAY, Commissioner.

The case calls for the construction of our Wrongful Death Statute, KRS 411.130, with respect to the distribution of the damages recovered. The question is whether the recovery goes to the estate of the decedent’s husband, who survived her for a brief time, or to her mother.

Mrs. Lera Baker Sharp was killed in an automobile accident on December 5, 1953. She was survived by her husband and mother but no child. The husband died twenty-six days later from injuries sustained in the same accident. He was survived by children of a former marriage. Thereafter, Mrs. Sharp’s…