WHO DIED FIRST?

Taranaki Daily News, 7 January 1916, Page 5

WHO DIED FIRST?

OPAWA RIVER TRAGEDY RECALLED BELATED LEGAL FIGHT. (From Auckland Star Correspondent.? London, Nov. 18. A knotty point which Mr. Justice Deane was called upon to decide in the Probate Court this week WM which died first—husband or wife —in a drowning accident in New Zealand nine years ago. Upon the solution depended the disposition of the property, originally worth about £7OO all told. This case arose out of the deaths of Edward Baldwin and his wife Margaret, who wire both drowned in the Opawa River on October 7, 1000.

Mr. Grazebrooke appeared for th» plaintiff, Mrs. Caroline Smith, a sister of Edward Baldwin, and Mr. Willis for the defendants. Mr. Willis said that the onus was On the defendants, as they wore aliening that Margaret Baldwin survived her husband. The two defendants, who were sisters, of Margaret Baldwin, had obtained in 1807 a grant of letters of ad l ministration with the will annexed Of Margaret Baldwin. That will was dat#d August 20, ISB9, and by it she laft everything to her late husband, Edward Baldwin, and appointed him sole trasteo and executor. The defendants in 1907 obtained a grant of letters of administration with the will of Edward Baldwin annexed, dated January 28,1089. By that will Edward. Baldwin laft evefything to his wife Margaret, and appointed her sde executrix. The estate of tfdward Baldwin consisted of real #«• tate only of the value of £IOO in han4; but if certain of his sisters died without issue their estates would fall into his estate, so there was a reversion in expectancy worth about & 000, The heir-at-law, Charles Baldwin, took no steps in 1907 to eontost the defendants' claim. He sold his rights to his brother Stanley, who also took to steps; and in 1913 he sold Ms right* to the plaintiff, Mrs. Caroline Smith, for £SO, She was therefore claiming a revocation of the grant of administration to the estate of Edward Baldwin at heiress-at-hvw by purchase; and it wm not till June, 1014, that she issued Iter writ starting this action, which, eonwel suggested, was a speculative one.

THE QUESTION OF SURVIVORSHIP. Counsel recalled that Mr. and Mrs. Baldwin went for a trip on the steam launch Maritana on October 7, 1006, on the Opawa, and while returning the launch, when near Blenheim, struck a submerged tree and upaet some'of tlit passengers into the river, including Mi and Mrs. Baldwin. A number of pooph clung to Mr, Baldwin and he disappeared but Mrs. Baldwin was picked up and brought aihore still with life In her, but, though artificial respiration wi» tried: she died on the bank, If she survived her husband she took all hi* property under his will.

Evidence taken on commission, in New Zealand was then read, bearing out counsel's statement that Mrs. Baldwin wai brought to the bank, still living, after Mr. Baldwin had disappeared.

Mr. Grazcbrook read the evidence of a doctor, .who said that he had tried, with out success, to restore Mrs. Baldwin tc life by artificial respiration. Respiration would generally cease after thm minutes' immersion in the water, anil the heart would cease five minutes after respiration ceased. If anyone had seen her breathe, as alleged, then artificial respiration should have continued her breathing. Mr. Grazobrook contended that tftera was no evidence, that Edward Baldwin was dead when his wife win brought to the bank. Even if lie had disappeared below the surface, he would not die for about eight minutes. The question wa* one of fact entirely on the evidence. There was no clear evidence here of re*t survivorship, or that Mrs. Baldwin w*» really alive when brought to land.

"A VERY FINE PODJV,;' Mr. Justice Bargrave Deane, judgment, said that there were two que&v tions in the case. Did Edwin Baldwin sink before or after his wife? The evidence established that four or five men, including Edward Baldwin, had already sunk when Mrs. Baldwin was brought to land? The evidence wbb that she gasped once or twice, and that ghc had life in her, and was of a normal color, and that the doctor did not arrive for about 13 minutes. Edward Baldwin was struggling in the river with four or five other men, and all went down together and were not seen again. He would have hud life in him for some eicfht minutes after he disappeared. The point was a very fine one, and it looked as if both died at the same time. He could not say on the evidence that one died before the other, and therefore he revoked the grant of letters of administration in the estate of Edward Baldwin, leaving each party to pay their own costs.