SOLDIER'S ESTATE

Marlborough Express, Volume L, Issue 97, 26 April 1916, Page 2

SOLDIER'S ESTATE

RULING OF SUPREME COURT,

An interesting decision in regard to the estate of a soldier reported "missing, believed to be de?td," was delivered by Mr "Justice Denniston in tho .Supreme^Go^rt. at Ghrist-chiu-ch oil TuesckyT - His Honor ruled that the Court had the right to presume the death, of a. soldier so reported. The application"-was for letters of administration in the estate of Compton Tothill. who had made no will. His Honor's judgment was as follows: —

"Compton Tothill, administration of whose estate is now' applied for, 1.-aft with' the Now Zealand Expeditionary Forces, and was on active service at Gallipoli. On August 6th, 19]5, he went into action with his 'companyi was wounded during iv retreat, and has not since been heard, of. A courts of inquiry ■reported" on', February 2 that he .was believed to have' been killed. The only feature in which the .<ja.se- in re Jamiesoii. in which Mr Justice Chapman differs from the present case, is that thero is nb evidence that Totlxill's name did not appear, in the list of British prisoners in Turkey. It must,1 however, I think, be taken that 7 inquiries on the point, and to any further means of information have been mado Ly tho board of inquiry, which m-t in Alexandria. I rhmk, therefore. I may grant the administration asked for."