Samuel Newell, Surviving Executor v. George H. Nichols, Appellants

Summary

The Court of Appeals affirmed the lower court's construction of the testatrix's will, holding that claimants asserting a survivorship must prove it, that no legal presumption of survivorship exists when parties die in a common disaster, that title to the trust property remained with the trustees until the children died, and that the remainder interests are conditional limitations that vest in the named remainder beneficiaries upon the children's deaths without issue or appointment.