You yourselves have Heard
Doctor Summers state on oath that they cannot be identified as the
remains of any particular person. That would seem to dispose of them
effectually. I must remark upon a very singular point that has been
raised by the learned counsel for the petitioner, which is this:
"My learned friend points out that these remains were discovered near
Eltham and near Woodford and that the testator was last seen alive at
one of these two places. This he considers for some reason to be a
highly significant fact. But I cannot agree with him. If the testator
had been last seen alive at Woodford and the remains had been found at
Woodford, or if he had disappeared from Eltham and the remains had been
found at Eltham, that would have had some significance. But he can only
have been last seen at one of the places, whereas the remains have been
found at both places. Here again my learned friend seems to have proved
too much."
"But I need not occupy your time further. I repeat that, in order to
justify us in presuming the death of the testator, clear and positive
evidence would be necessary.
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