New-York daily tribune., 1856-09-30

Hopewc w. De Pcrna rS y, oroye 10 beid that
party sains ysar.~mryns ha. .och proof were
s,sn tha the y Rsa v. The Inbab;an Of nins q and
.ne Ss S . woman had married se' ond time twelve months
I Ss S inc. and the Yng Bench held that the
sumption the comm ssSn Of crime overcame that
case conflicting sresumpons and he question which
prevail The pre.umes the continuation Of life but
civil until the contrary be proved In Rex
The iahacNnn 81 m @ Al ana w " S ana Sspeaa vs.
Kings Bench and of ErcqneI adopted the doctrine that when
sSd sS re NO % tn he ta LS f De
DELIVERING the opinion Of the Court held this language
Il true the law pTesumes that shown to be alive
"bc shown bG; when the seven years have passed
the presumption Of law relates ouy the fact Of death and
the time Of death whenever 1t material must be- subject
80 Of distinct proof" Whoever nds it important ess5sh
some sort" Be accordnsiy held ,a' party esmas re-
version the death Of life tenant vino bound 70 bring
hs action within twenty years after the sbt accrued and hIl
brought j; within twenty y'a after the lapse OF seven ys
pesunpon Of life during the seven years but should prove '
Been considered In Newman jenkins 10 Pickens ol'
agent whose principal had been absent seven years prend
BE- dead had from him note within the seven year,
and action the obligation II decided thai ~ w@p
g. 20 NOV w. P. h. ib , % ,R The pesnption Of
In Of life. In McCsrtee Campbell barbour ~ n
4 the Chance Of this State referring Lord DeImans d
son in Nepean knight, 10 the presumption " h a. m
atsence said, Ihe only presumption sns 1 o - - b; ~
IL that the party is dead he has not been hoard Oh W @
years mentioned IN the statute not thal ne e az y
wit
Of that term" And he held thai person VINO [ n" %
only the deceae Of the ntes'as M "h9e
than years had subseluet passed without dnts
In Burr Sim wharions r. ~ justice 6ioson aeda & "a.
Of the doctrine laid down by Ld Dna ana hHs
sta tne rne he presumption Of death ~ Limitation OF e
,.n,ion f ljfe must b. taken exclusively from The
the presbed period 50 That the person must be
taken TO have then been dead end MT before"
..ang Do s oyeooked that in the ab.,nce Of evdsce
entirely without guide or direction az to any deeTmna
There can be no that under certain circumstances this
y be treated as question OF ia and the anguaE" OF Lord
in that strictly pertinent when he says
Nothing be absurd than the notion that there TO
" be- sd presumption OF law such questions Of fact
ntance the or health of the party There can be- no
"sqch strict presumption Of law" What however Is Court
Jury do when there accompanying crcqmnces
when there Il ground in fact for nierne death at par
tcular time The on Is not whether those prcsumpOus
gid and strict but whether there such pesump
lions. and So what IS their elect when there al sHIe a
death Coniessedy before the analogy drawn from the stat
Of bgamy and life tenances prevailed it rule Of evi
presume life unless the contrary shown. That
rule still continues except so lar as has been modified by
after seven years absence without intelligence. The
practical effect of these two rules, If both are
taken ubsng is that whenever The law is invoked
rights depending upon the life death Of the absent party
he is 70 be deemed as living until the seven years have expired
and after that to be deemed dead Not that the law finds
Of fact that he died the last day of the
administered he had died that day It impossible to
when he died. even 70 assert as matter oil ct tha ne
him dead certain time and not before This is an a
fetal rule and Of course cannot be expected TO square with the
npon and the necessity OF fixing upon
limit within which tue relations of the living to the absent
be determined than strong probabilities.
This is the meaning Of statute i'll respect 10 life estates
which declares that if the hfe.tensnt shall absent him
self for seven years aud HE death shall come in ques
tion, "such person shall be accounted naturally dead
in any action concerning the lands in which ne
Hfe sufficient proof be made that he
i. still living B. s., P 7i9 e. See Bisamy R. s, sn,
and him. just the Common Law treated and &C.
counted him LIVING until mt m h' G dseh was proved " G In gr
proved but in both may be said that he shall be
counted hVs until Dy neaso OF ms aosoe .ne law aecons
tons of parties affected by his life deease shall 10 the ab
sence OOf0rmaOp be determined by this technical pesunP
This certainly the most consistent ana syf
mece Iulei and when it is regarded a. dry legal docrine
having limited period for the determination of the rights
:: absent persons and not upon the he e Ee S U
objection against it, inclined to hold Therefore that in
ths case Of absent & s e S es % %
proof the probable time of death but that i no sufficient facts
death occurred before the lapse Of the will
be accounted in all legal proceedings as having h'ed during
In he present instance known wha, became OF VIII
liam Eagle He had engagements in hi. Profe'
zion but he was heang IN what direction he should pro
eeed and Il impossible TO uImse the conc uson 10 when ne
finally He had len his home al an early age ana nser
returned again he bad been absent on long voyages with
communication with hls family OF friends a9d eonrGedHs
his fathers death would necessarily raise doubt as 70 his
he was then dead If indulge in conoet
the probability that he embarked on some voyage rom
we are left destitute Of any circumstances indicating
spe ,ial peril. IL is for the the legs.
tses who claim that he dead al the time OF
of hs fathers deccae show that fact either by proof pre-
sumption of law This has not been done, and must there
fore hold in his favor did not lapse mt vested
him the testsors DEATH and must 10" DC Pnd 10 n It.
gal representatives.
power sale in certain real estate pom coming to the exc
of this power and in order to give valid e 10 te
became to release OF the wlGo"s
right For this purpose the executors entered INTO al
with the widow to her certain gross sum
asceraned by computation upon the pTi-
applicable annuijies Ihis proper IN use
jrdcous in its effect upon the sale ot the prop
sold sdvsntageously
with outstanding unsettled tiain
for dover charged upon The amount paid by the executors
about 100 less than the value OF an annuity
semannuaiy according 10 the Northampton thpes N
than the value OF such an an
Iuity at per But if the Carlisle tables be taken as
the value cent would be $t'o and per
ZION In and with the benefit OF the estate;
and having regard to the ecumssnces think they Were uy
justified In making agreement with the widow Tor the pay
ment Of the widow.
The his personal estate to his widow and his
real estate his executors i'll trust Al the time OF his dccce
there was an policy of insurance against loss by
Fir. on buildings owned By the cstaoI ana after ms
death loss occurred and the amount Of damage was paid
10 under the policy The widow clalh 's sum
as mart of the cstato estate. think however that
she had no substantial interest in the policy not having any
interest the property which related Policies OF nsn
though contracts 80 far collateral 70 e sup
ect matter which they relate that when there change OF
title the subject matter by DEATH the legal rcpreIa'v
deceased take such nure by virtue oil he
contract In trust the parties interested IN the property III
sured There be decree adjusting and settng he ac
counts in conformity with these views
A L. Robertson for Executors Smith Barker for Legaee
SUPREME COURT-SrscIu TrRM-SEPr. T-Bctore
Judge DAVIES.