That is to say, that the total
disappearance of an individual for seven years constitutes presumptive
evidence that the said individual is dead; and the presumption can be
set aside only by the production of evidence that he was alive at some
time within that period of seven years. But if, on the other hand, it
is sought to presume the death of a person who has been absent for a
shorter period than seven years, it is necessary to produce such
evidence as shall make it highly probable that the said person is dead.
Of course, presumption implies supposition as opposed to actual
demonstration; but, nevertheless, the evidence in such a case must be of
a kind that tends to create a very strong belief that death has
occurred; and I need hardly say that the shorter the period of absence,
the more convincing must be the evidence.
"In the present case, the testator, John Bellingham, has been absent
somewhat under two years. This is a relatively short period, and in
itself gives rise to no presumption of death. Nevertheless, death has
been presumed in a case where the period of absence was even shorter and
the insurance recovered; but here the evidence supporting the belief in
the occurrence of death was exceedingly weighty.
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