Legal Definition and Related Resources of Presumption Of Survivorship

The common law doctrine is that when two or more persons and especially when two relatives perish in the same calamity, it recognizes no presumption of survivorship ; but in the total absence of all evidence respecting the particular circumstances of the calamity the matter will be treated as if both sufferers had perished at the same moment, and consequently neither of the parties will be held to have transmitted any rights to the other . Young Womens Christian Home v French, 187 U.S. 401, 23 S. Ct. 184, 47 L. Ed. 233. In many jurisdictions the uniform simultaneous death Act has been adopted which under Section 1 provides that where the title to or devolution of property depends on priority of death , and there is no sufficient evidence that the persons involved died otherwise than simultaneously, the property of each person shall , with certain exceptions, be disposed of as if he had survived.

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Presumption Of Survivorship in Historical Law

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