Suppose that A and B are killed while riding in a car struck by a train. When witnesses arrive, there are no signs of life in A; B is decapitated and blood is gushing from her neck in spurts. Does B survive A? See Gray v. Sawyer, 247 S.W.2d 496 (Ky. 1952) (Property, Dukeminier, Krier, Alexander, Schill; 6th Edition; p. 284)That's almost enough to make me want to activate my Lexis and Westlaw accounts to see what the "answer" "is." But, really, it's much more fun to wonder.
Sunday, September 24, 2006
Awesome
Property class, that is.
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3 comments:
I would say that for probate purposes it depends on whether Kentucky has adopted the Uniform Simultaneous Death Act or not.
That gets you two points, Josh. For the remaining eight, tell us what the result is under the USDA and under the Common Law.
Sure. I would say that under the USDA this is the result; and under the common law this would be the result. As you can see, this is one of the bodies of law in which this sort of hypothetical stretching results in chafing of sensitive areas.
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