Sherman v. Roe

McGILL, Justice.

The only question involved in this appeal is whether the Administrator of the Estate of the deceased wife or the Administrator of the Estate of the deceased husband, the insured, is entitled to the proceeds of a group insurance policy covering the life of the husband, where both husband and wife perished in a common disaster— an airplane accident — and it is admittedly impossible to ascertain, which died first. Trial was to the Court without a jury, and the court held that all such proceeds were payable to the Administrator of the Estate of the husband. Appellant, the…