PRESUMPTION OF DEATH.

New Zealand Herald, Volume LXV, Issue 19929, 24 April 1928, Page 14

PRESUMPTION OF DEATH.

MISSING FOR FIFTY YEARS. SUPREME COURT APPLICATION. An application to presume the death of Robert Charles Austin, who left Auckland as a boy of 14 in 1878, was made before Mr. Justice Blair in the Supreme Court yesterday. The application was made by Mhi. Lillian May Park, of Auckland, as administratrix in the estate of her sister, Mrs. Minnie Saunders. Mr. Northcroft opposed the application on the instruction of the Public Trustee.

The a2>plication was to presume the death, not only of Austin, but also of his issue, if any, said Mr. Hubble, who appeared in support of the application. When Austin left Auckland he said he was going to Sydney. His parents had received letters from him lor several months, when the correspondence suddenly ceased. Inquiries, both personally and by letter; had been made, and advertisements, seeking Austin's whereabouts, had been inserted in Australian but all efforts to trace him had been fruitless. The parents had for many years regarded Austin as dead. When a similar application had been made before Mr. Justice Stringer last year, it was explained, His Honor had directed that, before an order presuming death without issue could be made, advertisements should again be inserted in the Australian press. That had been done, but bad proved unavailing. It was stated the legal right to presume death without issue was necessary in order that the estate of Mrs. Saunders, under which Austin or his issue would be a beneficiary, could be wound up. His Honor reserved decision.