In Re the Estates of Davenport

McQUADE, Justice.

On June 7, 1956, near the village of Bliss, Idaho, an elderly couple were killed in an automobile accident. The decedents were on their way home from a trip, and after coming up a grade they entered onto the main interstate highway, at which place their car collided with a truck. The Davenports died as a result of injuries suffered in the collision.

Following their deaths, their estates were filed for probate in the Probate Court of Ada County, Idaho. The probate proceed ings disclosed that both decedents died intestate, leaving real and personal property, which was situated…