Estate Villwock

418 N.W.2d 1 (1987)

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Nature of the Case

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Facts

Roy and June Villwock, critically injured but alive and conscious after a head-on car crash. All five emergency medical technicians agreed that Roy suffered cardiopulmonary failure minutes before June similarly failed. Each was taken to a separate treatment room where CPR, begun in the ambulance, was continued. A physician pronounced June dead at 8:23 p.m. Another physician, after giving advanced CPR to Roy, pronounced him dead at 8:34 p.m. A probate hearing was held. Dr. Kotila testified that Roy's heart and lung failure in the ambulance was irreversible despite the efforts to revive him. The trial court found that Roy died in the ambulance, while his wife was undisputedly still alive and conscious. Roy's will left everything to June and contained no contingency that she need survive him any period of time in order to take under the will. There were no other dispositive provisions in the will. There were no children born to the marriage of Roy and June. June's will left everything to specific members of her family. P appealed.