Probate Reports Annotated (Volume 2); Containing Recent Cases of General Value Decided in the Courts of the Several States on Points of Probate Law with Notes and References - Softcover

Inhaltsangabe

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1898 Excerpt: ... § 126.) After a careful scrutiny of the proof, as set forth in the record, and the law applicable, we are of opinion it must be held that both father and son survived Catharine Kroll. It appears to be well settled that absence, unexplained, and without having been heard of, for the space of seven years, affords a legal presumption of death. Mere lapse of time is not sufficient, but the case is different if there is proof that the person has never been heard of by any of his family, or has never communicated with them. (Shriver v. State, 65 Md. 286, 4 Atl. 679; Tilly v. Tilly, 2 Bland. 444.) The general rule is thus stated in 2 Best, Ev. (§ 409): "When a person goes abroad and has not been heard of for a long time, the presumption of life ceases at the expiration of seven years from the period he was last heard of.' (See authorities there cited.) It is believed this doctrine has been generally concurred in by the courts of this country and of England. We cite some of the cases: (Wentworth v. Wentworth, 71 Me. 74: Flynn v. Coffee, 12 Allen, 133; Smith v. Knowlton, 11 N. H. 196; Eagle v. Emmett, 4 Bradf. Surr.J 120: Rosenthal v. Mayhugh, 33 Onio St 164; Jamison v. Smith. 35 La. Ann. 613; Crawford v. Elliott, 1 Houst. Del. 465; Shown v. McMackin, 9 Lea, 601; Bowditch v. Jordan, 131 Mass. 321; Doe v. Jesson. 6 East. 80; Doe v. Nepean, 5 Barn. & Adol. 86; 1 Am. & Eng. Enc. Law 1st ed, tit "Absence.") But, while there is such a presumption of the death of a party, there arises therefrom no presumption of the time thereof, and therefore, if it be required to establish the precise period of death, it must be done by evidence. (Davie v. Briggs, 97 U. S. 634, and authorities cited supra.) It does not follow, however, from this fact, that there may not be a p...

Die Inhaltsangabe kann sich auf eine andere Ausgabe dieses Titels beziehen.