ESTATE OF MURDOCK
32 Muc. 352 (1983)
NATURE OF THE CASE: This case involves a will contest.
FACTS: Arthur and Sarah Murdock, husband and wife, each had children from previous
marriages. Arthur executed a will in which he left his entire estate to Sarah, if she should
survive him. If Sarah predeceased him, his entire estate was to go to his children from his
previous marriage. Sarah executed a will with a similar provision with respect to her
children. The Murdocks later died in a plane crash. Whether the estate went to Sarah's
children or Arthur's children thus depends on which of the spouses died first (the
jurisdiction had not adopted the Uniform Simultaneous Death Act). A deputy sheriff testified
that upon his arrival at the scene, Sarah was already dead. He also wished to testify that
at about the same time, he heard Arthur whisper, 'I'm still alive.' The trial judge excluded
this testimony as hearsay.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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