survivor

The longest liver of two or more persons. There is no presumption of survivorship in the case of those who perish in a common disaster; 8 H. L. C. 183; Young Women's Christian Home v. French, 187 U. S. 401, 23 Sup. Ct. 184, 47 L. Ed, 233. Actual survivorship being unascertainable, descent and distribution take the same course as if the deaths had been simultaneous; id., where a testator gave her property to her only son, but “in the event of my becoming the survivor... of my son,” then to a charitable home. The mother and the son died in a shipwreck. The will was construed to give the property to the home, on the ground that the intent was that it should take it if the son did not. The primary meaning of survive is outlive. Where a testator left the residue of his property to trustees in trust to divide it equally between such of the children of A & B “as shall survive me and shall live to attain the age of 21 years on their attaining such an age,” it was held that children born during the lifetime of the testator and who were living at his death were alone entitled to share; Under an insurance policy, one who has a prima facie right to the proceeds of the policy necessarily wins; 16 Harv. L. R. 369. In some cases it is held if the insured cannot alter the policy, the beneficiary’s interest is vested and his representative prevails; if the policy can be altered the representative of the insured wins. U. S. Casualty Co. v. Kacer, 169 Mo. 301, 69 S. W. 370, 58 L. R. A. 436, 92 Am. St. Rep. 641. The real question, it is said, should be whether the condition that the beneficiary should survive the insured is in form precedent or subsequent. If the former, his representative must prove actual survivorship; if the latter, he need not; 16 Ilarv. L. R. 368, citing Fuller v. Linzee, 135 Mass. 46S; Cowman v. Rogers, 73 Md. 403, 21 Atl. 64, 10 L. R. A. 550. See Death. In cases of partnership, the surviving partner is entitled to have all the effects of the partnership, and is bound to pay all the debts owing by the firm; Gow, Partn. 157. He is, however, bound to account for the surplus to the representatives of his deceased partners, agreeably to their respective rights. See Partnership. A surviving trustee is generally* vested with all the powers of all the trustees, and the surviving administrator is authorized to act for the estate as if he had been sole administrator. The right of survivorship among joint-tenants has been abolished, except as to estates held in trust in many states. For the statutes, see Demb. Land Tit. 27. See Estates of Joint-Tenancy. In Connecticut it never existed; 1 Swift, Dig. 102; Washb. R. P.; nor has it ever been recognized in Ohio, Kansas, Nebraska, or Idaho; Demb. Land Tit. 198. As to survivorship among legatees, see 1 Turn. & R. 413; 3 Russ. 217.

One who survives another; one who outlives another.