In Estate of Rowley (1967) 257 Cal.App.2d 324, Rowley and her beneficiary, Cooper, died together in a car accident. Rowley's executor filed a petition, alleging that Rowley and Cooper either died at the same time or there was insufficient evidence to establish who died first and in either case the antilapse statute barred Cooper from taking under Rowley's will. Cooper's executor opposed this petition, arguing that Cooper had survived Rowley and, therefore, was entitled to take under Rowley's will. The residual beneficiaries of Rowley's will also filed a response, agreeing with the executor that Cooper and Rowley died at the same time or it could not be determined who died first and, therefore, they should take under Rowley's will. The court noted that Cooper, the beneficiary whose claim depended on surviving Rowley, had the burden of proof. (Ibid.)