 | Great Britain, Arthur Reginald Rudall, James William Greig - 1898 - 420 páginas
...re Phene's Trust, LR, 5 Ch. 139, and re Corbishley's Trusts, 14 Ch. D. 846). Sub-section (iv.). — A person shown not to have been heard of for seven...his not being heard of without assuming his death ; but there is no presumption as to the time when he died, and the burden of proving his death at any... | |
 | John Davison Lawson - 1899 - 820 páginas
...PRESUMPTION OF DEATH. RULE 43. — An absentee shown not to have been heard of for seven years by persons, who if he had been alive would naturally have heard of him, is presumed to have been alive until the expiry of such seven years, and to have died at the end of that term . 251... | |
 | 1903 - 828 páginas
...of for seven years by those, if any, who, had he been alive, would naturally have heard of him, he is presumed to be dead, unless the circumstances of...his not being heard of without assuming his death. Bennett, Adm'r v. Slonian (1900) 70 NH 289; Flood v. Groiuney (1895) 126 Mo. 262; i Greenl. Ev. S$... | |
 | 1901 - 606 páginas
...the case of Davie >.. Briggs (!>7 US, 628), wherein it is held: The general rule undoubtedly is that a person shown not to have been heard of for seven years by those (if any) who, if l>e had been alive, would naturally have heard of him, is presumed to be dead, unless the circumstances... | |
 | 1902 - 446 páginas
...general rule as to presumption of death is thus stated in Stephen's Digest of the Law of Evidence : " A person shown not to have been heard of for seven...his not being heard of without assuming his death." But while this is the general rule, the Court may presume a person's death without regard to the time... | |
 | United States. Department of the Interior - 1902 - 600 páginas
...fact. See Sensendefer r. Pacific, etc.. Ins. Co. (19 Fed. Repr., 68.) The language of the rule is— Shown not to have been heard of for seven years by...if he had been alive, would naturally have heard of toim. * * * In this case all we know is what the claimant says: That he deserted her and has not been... | |
 | United States. Department of the Interior - 1902 - 612 páginas
...fact. See Sensendefer i\ Pacific, etc., Ins. Co. (19 Fed. Repr.. fi8.) The language of the rule is— Shown not to have been heard of for seven years by those (if any) who, if he had Ix-en alive, would naturally have heard of him. * * * In this case all we know is what the claimant... | |
 | United States. Department of the Interior - 1903 - 612 páginas
...man from his home and family," as provided in the act of March 13, 1896, but proof that he hits not been heard of for seven years by those (if any) who,...had been alive, would naturally have heard of him is sufficient to warrant the presumption of his death, unless the circumstances of the case are such as... | |
 | Missouri. Courts of Appeals - 1903 - 802 páginas
...v. Supreme Lodge K. of P. (1) An absentee shown not to have been heard of for seven years by persons who, if he had been alive, would naturally have heard of him, is presumed to have been alive until the expiration of such seven years, and to have died at the end of that term.... | |
 | United States. Department of the Interior - 1904 - 684 páginas
...It is a well-established rule of law that a person shown not to have been heard from for a period of seven years by those (if any) who, if he had been...his not being heard of without assuming his death (1st Greenleaf on Evidence and Authorities; Davio •><. Briggs, 98 US Reports, 535). This principle... | |
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A person shown not to have been heard of for seven years by those (if any) who, if he had been alive, would naturally have heard of him, is presumed to be dead, unless the circumstances of the case are such as to account for his not being heard of without... 
