Wedemeyer v. Sullivan

This appeal involves an interpretation of the Uniform Simultaneous Death Act (Prob. Code, §§ 296-296.8) enacted in 1945 to repeal section 1963, subdivision 40 of the Code of Civil Procedure which created a disputable *69presumption as to survivorship when two persons met death in the same calamity.

Rupert G. Wedemeyer and his wife were instantly killed in an airplane accident in Scotland, October 21, 1948. Rupert left as heirs his two brothers and one sister, who are the appellants herein. The wife left as her sole heir her mother, who has since deceased. Her interest is represented by her…