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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

A claimant cannot prove which of two persons called to succeed each other died first. It argues 43's no-transmission rule means every other heir of both deceased persons loses any independent claim too. Which is correct?

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The government necessarily receives all property without further analysis. Every heir everywhere is disqualified by the simultaneous-death presumption. All existing wills become blank paper. The rule concerns transmission from one deceased person to the other, not automatic disqualification of all independent heirs.

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