"My learned friend has said that the testator went away leaving his
affairs to take care of themselves. Now, gentlemen, I ask you if this
can fairly be said of a man whose affairs are, as they have been for
years, in the hands of a highly capable, completely trustworthy agent
who is better acquainted with them than the testator himself? Clearly it
cannot.
"To conclude this part of the argument: I submit that the circumstances
of the so-called disappearance of the testator present nothing out of
the ordinary. The testator is a man of ample means, without any
responsibilities to fetter his movements and has been in the constant
habit of travelling, often into remote and distant regions. The mere
fact that he has been absent somewhat longer than usual affords no
ground whatever for the drastic proceeding of presuming his death and
taking possession of his property.
"With reference to the human remains which have been mentioned in
connection with the case I need say but little. The attempt to connect
them with the testator has failed completely.
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