A FAMILY MYSTERY.

New Zealand Herald, Volume LXV, Issue 19959, 30 May 1928, Page 14

A FAMILY MYSTERY.

DISAPPEARANCE OF SON. MISSING FOR FIFTY YEARS. COURT PRESUMES DEATH. A family mystery of 50 years standing was set. at rest yesterday as far as the law is concerned by a judgment given in the Supreme Court by Mr. Justice Blair. His Honor was asked to make an order declaring that Robert Chsrlcs Austin is presumed to have died some time hefoie January. 1, 1886, and that he is presumed to have died without issue. Hie plaintiff was Lillian Mary Park, a sister of the missing man, and administratrix of the estate of Minnie Saunders, of Onehunga, who died intestate in July, 1926, leaving an estate valued at £11,366. Robert Charles Austin would be entitled to, an eighth of the estate if he were alive. According to the affidavit of the plaintiff, Robert Charles Austin was born in Wellington on April 10, 1864, and it was believed lie left New Zealand when about 14 years of age and went to Sydney with the object of earning his living. After a few months' residence in Sydney all correspondence ceased, and from that time no further word was received as to his whereabouts, and it had always been considered he died in 1878.

Plaintiff's father went from New Zealand to Sydney in or about 1878 for the express purpose of finding his son, the defendant, and made all possible inquiries, through the police and otherwise, but without avail, and he returned to New Zealand convinced of his son's death. Neither had plaintiff, nor any member of her parents' family, over received any information as to what became of Robert Charles Austin after the year 1873, nor had they received any information which would raise any suspicion in their minds that ho did not die in Australia about 1878. Neither had plaintiff ever heard that her brother was over married. These facts were borne out in a further affidavit by Harriet Mitchell, a sister of the plaintiff, who was about 11 years of age at the time Robert Charles Austin left New Zealand.

It was clear, said His Honor, that a presumption of the death of Robert Charles Austin at some time prior to January 1, 1886, must arise, but a different principle applied to the question of presuming absence of issue. The facts were strengthened by the very early ago at which Robert Charles Austin went to Australia, and by the fact of the apparently fairly exhaustive search conducted by his father at the time. There was ample evidence upon which a jury could find that defendant died without issue, and he therefore found likewise. He made an order for costs to be taken out of the estate.