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hearingtrialtestimonywill

trialtestimonycredibility

Related Cases

Matter of Estate of Villwock, 142 Wis.2d 144, 418 N.W.2d 1

Facts

Roy and June Villwock were critically injured in a car crash and transported to a hospital. Emergency medical technicians testified that Roy suffered cardiopulmonary failure minutes before June. At the hospital, June was pronounced dead at 8:23 p.m., while Roy was pronounced dead at 8:34 p.m. The trial court held a hearing to determine the time of Roy's death, ultimately finding that he died before June, which affected the distribution of his estate.

Roy and June Villwock, critically injured but alive and conscious after a head-on car crash on July 25, 1985, were transported together to a Rhinelander hospital.

Issue

Did Roy Villwock predecease June Villwock, making the provisions of the Uniform Simultaneous Death Act applicable?

Hintz contends that Dr. Kotila's testimony determining Roy's time of death must be disregarded as a matter of law because it is contradictory and speculative.

Rule

The Uniform Simultaneous Death Act applies when there is insufficient evidence that individuals have died otherwise than simultaneously; otherwise, property is disposed of as if the individuals survived each other.

If the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he or she had survived.

Analysis

The court applied the rule by evaluating the testimony of Dr. Kotila, who stated that Roy's cardiopulmonary failure was irreversible before June's death. The court found that the trial court's determination of the time of death was not clearly erroneous and that the evidence supported the conclusion that Roy died before June.

The determination of credibility is the sole province of the trial court.

Conclusion

The court affirmed the trial court's decision, concluding that Roy Villwock predeceased June Villwock, and thus the Simultaneous Death Act did not apply.

The Simultaneous Death Act is inapplicable. The Villwocks did not die simultaneously.

Who won?

Roy Villwock's estate prevailed because the court upheld the trial court's finding that Roy died before June, allowing his estate to pass to June's estate as per her will.

The trial court accepted Dr. Kotila's testimony and found that Roy died in the ambulance, while his wife was undisputedly still alive and conscious.

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