New-York daily tribune., 1856-09-30
LAW INI'ELLIGENCE.
suRRoGATE'S CoURT-SErr. 2.-Betore A w. Bras
INTERESTING ouFsyIos-PREsrMpTIOr OF DEATH ~

svRRoGATE'S COURT-SEpr. 2.-Betore A w. Bras
INTERESTING QCEsyIos-PRysrMPrios oF DEATH ~
IHF CAsy OF AN ABsTsT PERSON.
THE ESuRRoeATP.-The testatOr died on the 9Th %
September. lsj At the time Of hi. dcesase Wm Esse 1es
his snd less,se named IN his had oen sbsent -
wh,ttr he died before or after his father the te.ato
1t sppesrs that Wm Eagle was born IN s and IRON me -
Of 10 follow ed the mariner. He hrst made whaling
vosg the Pacific and although absent from home iof io*.
yea does eemto have been ard from during that pesea
His subsequent voyages principally 20 the coast OF south
America ana the las intelligence received from him wS
letter written At Baltimore on the Inn Of May Ss h., ~
had just arrived at hat p.1 from MoneYdeo leo - mate ?,
e,s" and ,d since hs,S s'sd s as'e 90 bon iss
"coa.i 6%alS Of Afdcs eaS am balancing 10 ny o..
tasri ,sq .. d,eT%as il few day. William Essie W.
.,qple and he an Az. son,ttqtns b. broihcI s -,.
My 1876 after said lapse Of seven years his brother proved tSs
I % sG oDs ndsf h.. % w.. living
bis father in 1851 the legscy vested and must b
psd his executor II ho "a' not then l'ins 'ahs~s
The point thu. prevented involves the question Of the
tcin, have ben received fo seng Of time. The Rs,nAA
au contained few poysons this subject Captivity ws
ober the wifi might marry again but time prsscrbeA
during phich should await b. return until ths terms d
S1a lG aG n yeNss Ncv rr$ e m b. %
ultimately provided that ;here should b. proof OF the dsb
the wife could marry again Absence. however 'oas,
Without did not authorize second Inassei and
tn hi. determination the Common Law agreed n respst
perry hundred stated the limit Of tns
pOn Of life in the Of absent persons, qua nas
y'r An.ry homnis deg Lib. T. Tit 1, s8 Cod Lib l.
IT, T. i'm IN conformity with this rule, IN the grester mum
her Of counre, the Continent which adopted thsi la
pld.Ltr f.Crn the C Law se doctrine &iied Una, =
ab.crt p should b. presumed 70 be- living Tor
the time of his birth. that benE thr lop fsS % -
ordniTy lie sunhspe mentions ..,efs eohnsnts , ntsanacS
# the civilians claiming seventy and 9'hsfs
vars 8. the proper time (sunh. g. - pl g t~sn =
Yr- I ,n event AL, b.csLss shortened o) coss"1.
and stalte snd th~ severn periods 81 thre.h'f % h,
adopted IN VARIOUS e0en're' '''e'A' "'s
Tn Cmpou Law = IN iccordpnee With the Ciyl Law IN tns
adopt Jr prime pe na. u. - ,l,t,, "a
i 49, -. Tor if Il Jsc l. II, = 10 Gar e "
m r al upon this doctrine. sAd es'soi'h.a fur sh.so
- @I T.. ~. s,,inr. AccordnAy whsn party hss te~s
- -, rin.e %, n,,ll EeDoe of him be- 10
temptation 4. suned :" D. 1eal ihs Isns
- u k-dxrd and the presumpon b~ applied earief -
- - an a, tending to show the death WITH
cer- an U~rod example. that 81 the last .ocounts &
va, y.rOuslj H. or E weak state u hsalth-wxa
70 sear pers of d!sesse -ccident,hAt be enbs
ON bsrd Of vessel hch has cot since been heard from.
1 H. ,-ngth Of tie u.ul yoysr. hA. long elapsed 10
.Drh b. astrrned c4ostion of fact depend
ix on eGrlc. A- ds i,h probably occurred and the
,qstances known sufficient s1hos1e surh conoto
aon tn dscs Lay te ped st time short Of tue svseo
thr proof Indicate. But when there se M
fscts ustsns 20 the solution of the quesson, cnerf
ply sbuo without being heard o. then eEd a ss,ro
he aw death But Still the point remains o<s
Leo occurred whether al the begnning at @
end " tn yess Il wha' other time in "uson w
Hods- Esst scn plea OF The death Of tbs principal
lay the dedant ~ho erred the desh snd On
rsoioE aside the verdict for nis ction LORD I'd ec@
eesa sad aere wa DO Doubt eat tha' ths s,sa ~ -
leaned Judge proper poil d law and ~ reef'eo 70
Of Thromorton Wslton q Rosi T. Si, m ~hns"
dedsd that where he issue upon n. LIE OF aesn o.
pr,on show. b. living the prooo the fs' es oh "
party uho DEATH tor ths. The prcsunPnou ~
the parry oortsnues sive uLt the oontrny bs snow -
..n. Judz- Ia Doe Jssson t6 Fact co., ssd rbeT ~n7
Be glv-o, sGds st the exssrAoc o. sv~yI
tsm !ss time 'hsa !seJ wvrs ssss ka'va" ~"