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If it were certain
that the man was alive, it would be impossible to presume that he was
dead; and if it were certain that he was dead, presumption of death
would still be impossible. You do not presume a certainty. The
uncertainty is of the essence of the transaction."
"But," I persisted, "if you really believe that he may be alive, I
should hardly have thought that you would take the responsibility of
presuming his death and dispersing his property."
"I don't," said Mr. Jellicoe. "I take no responsibility. I act in
accordance with the decision of the Court and have no choice in the
matter."
"But the Court may decide that he is dead and he may nevertheless be
alive."
"Not at all. If the Court decides that he is presumably dead, then he is
presumably dead. As a mere irrelevant, physical circumstance he may, it
is true, be alive. But legally speaking, and for testamentary purposes,
he is dead. You fail to perceive the distinction, no doubt?"
"I am afraid I do," I admitted.
"Yes; members of your profession usually do.


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