site logo

Presumption Of Death; Survivorship

=Presumption of Death.=--If a person be unheard of for seven years, the

court may, on application by the nearest relative, presume death to have

taken place. If, however, it can be shown that in all probability death

had occurred in a certain accident or shipwreck, the decree may be made

much earlier.

=Presumption of Survivorship.=--When two or more related persons perish

in a common accident, it may be necessary, in order to decide questions

of succession, to determine which of them died first. It is generally

accepted that the stronger and more vigorous will survive longest.