PRESUMPTION OF DEATH

Evening Star, Issue 20593, 19 September 1930, Page 11

PRESUMPTION OF DEATH

JUDGE SUGGESTS FURTHER INQUIRIES

His Honour Mr Justice Kennedy this morning gave his decision in a case which had been brought before him concerning the estate of the into James Hume. .

His Honour said the case was an application to presume that James Edward Hume, formerly of Dunedin, surveyor’s draughtsman, died some time before June 1,1909, without issue. Where it was proved that a person had not been heard of for seven years a presumption arose .that he was, dead, and the court would give full weight to this presumption, though it required proper inquiries in addition. The. general rule of practice was that no death would bo presumed merely on the ground that the supposed deceased had disappeared for many years and was probably dead. This rule applied even in cases where the supposed deceased had corresponded with his family tor many years and had suddenly ceased to do so. Accordingly advertisements were often ordered, and, whether they had been published or not, the court might await the result of other inquiries which appeared proper. Even where the presumption arose that a man who had hot been heard of for seven years Was now dead, there was no presumption that ho died without issue. That was a matter which must be established by evidence. If James Edward Hume died before 1909 ho probably died in the Federated Malav States while in the employ of tho Federated Malay States Railways. It was suggested as , probable that James Edward Hume died in 1902 after being in Kuala Lumpur Hospital, The general manager of the Federated Malay States Railways suggested inquiries from tho registrars of births and deaths at certain named places m that country. His Honour thought those inquiries should be made before the application was finally disposed of. The result might be to fix a definite date for the death of James Edward 1-lurao if ho died. If ho died shortly after April, 1902, the probability would be increased that ho died without issue. However, if James Edward Hume’s death was registered there might be certain other information, such as whether he was married or not, which might suggest other inquiries, the result of which might assist the court. The hearing of, this originating summons was accordingly adjourned sine die, so that in, the meantime the inquiries suggested in a letter of May 28, 1930, might bo made, and so that any clues afforded by the inquiries might be followed up and investigated, and so that the results might bo placed before the court. The originating summons might then bo brought to hearing- __