S. D. Hahn, as Administrator of Estate of Young D. Hahn, Deceased v. Sarah E. Padre, as Administratrix of the Estate of Herbert Huxley Hahn, Deceased

Dr. Young D. Hahn and his twelve year old son, Herbert Hahn, died during the night of April 18-19, 1953, as a result of a collision on a public highway between Tia Juana and Mexicali in Baja (Lower) California in the Republic of Mexico. Hereafter, we shall refer to them as Doctor Hahn and Junior. Both were residents of Los Angeles. The two were passengers in the doctor’s car which was driven by a woman named Ella Moyo Dioz who apparently survived, but was obviously injured so badly that she could give no evidence as to the sequence of the deaths of father and son.

Junior Hahn was the insured under four policies of life insurance issued by the Prudential Insurance Company of America, each in the principal amount of $1,000. Doctor Hahn was the sole beneficiary named in the policies. After the two deaths, S. D. Hahn, the appellant, was appointed as the administrator of the doctor’s estate. Sarah E. Padre, mother of Junior Hahn, was appointed as administrator of his estate. Both administrators made separate demands for the proceeds of the insurance on the life of Junior. Each asserted that his intestate died last. Without for the moment discussing the niceties of the claims of the…