Kimmey's Estate

Opinion by

Mr. Justice Linn,

Harry S. Kimmey and his wife died at or about the same time without issue. Each left a will naming the other as beneficiary. At the audit of the account of the husband’s estate, his wife’s administratrix claimed it on the ground that she had survived him; his next of kin claimed on the ground that she did not survive, or that the proof failed to show that she survived. The contest therefore is between his next of kin and hers. If he predeceased his wife, his property passed by his will to her, and through her to her next of kin; but if she did not survive, it passed…