presumption of death
- The presumption that the death of a certain person has occurred, where his survival to the pertinent date is contrary to the ordinary course of nature, or opposed to the common experience of mankind. Young v Shulenberg, 165 NY 385, 59 NE 135. A presumption arising upon proof that a person disappeared and has not been heard of for a long period of time, usually 7 years, without explanation of the purpose or reason of his absence. 1 Am J2d Absent § 1. The presumption arising from the continued and unexplained absence of a person from his home or place of residence, without intelligence from or concerning him, for a period of seven years. 22 Am J2d Dth § 304.
Ballentine's law dictionary. Anderson, W.S.. 1998.
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