Eimers v. North Idaho Children's Home

(specially concurring).

The majority opinion does justice to the testator’s intent as that intent is manifest from the unambiguous provisions of his will, I.C. § 15-2-603, In re Corwin’s Estate, 86 Idaho 1, 383 P.2d 339 (1963), as it was written. The will of Mr. Kerlee, the decedent, does contain “survival” language.

*8I agree also that the Ohio authority cited by respondent is not, and ought not to be, controlling here. The Ohio statute and our statute are dissimilar. Our statute is wholly premised on common accident or common disaster situations, as explained below. Ohio, prior to the present…