Quimbee logo
DMCA.com Protection Status
From our private database of 17,500+ case briefs...

Estate of Murdock

Made-up Cases
32 Muc. 352 (1983)


Sarah Hayes Murdock and Arthur Murdock got married after each having children in a previous marriage. Arthur’s will left his entire estate to Sarah, with remainder going to the children of his first marriage. Likewise, Sarah’s will left her entire estate to Arthur, with remainder going to the children of her first marriage. Arthur and Sarah died in the same plane crash, and the nature of their wills raised the question of who died first in order to determine the distribution of their assets. Linden, who arrived on the scene about ten minutes after the crash first found Sarah who had already died. He then saw Arthur and he wanted to testify that he heard Arthur whisper “I’m still alive.” Sarah’s children objected to the testimony and the trial court sustained the objection. Arthur’s children appealed.

Rule of Law


Holding and Reasoning (Kaplan, J. and Waltz, J.)

Concurrence (Park, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,500 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial