NICE QUESTIONS FOR LAWYERS.
A gentleman, who died in Paris, left a legacy of $6000 to his niece in Dubuque, Iowa, who it appears also died about the same hour of the same day. The question which died first turns upon the relation of solar to true time, and must be decided by the difference of longitude. If the niece died at four o’clock A.M., and her uncle at ten o’clock A.M., the instants of their death would have been identical. Assuming that to be the hour of the testator’s death, if the niece died at any hour between four and ten, although the legacy would apparently revert to his estate, it would really vest in her and her heirs, since by solar time she would have actually survived her uncle.
Another case where great importance depended upon the precise time of death was that of the late Earl Fitzhardinge, who died “about midnight,” between October 10th and 11th. His rents, amounting to £40,000 a year, were payable on Old Lady-day and Old Michaelmas-day. The latter fell this year (1857) on Sunday, October 11, and the day began at midnight: so that if he died before twelve, the rents belonged to the parties taking the estate; but if after, they belonged to and formed part of his personal estate. The difference of one minute might therefore involve the question as to the title of £20,000.