"The testator in this case was a shipmaster, and his disappearance was
accompanied by the disappearance of the ship and the entire ship's
company in the course of a voyage from London to Marseilles. The loss of
the ship and her crew was the only reasonable explanation of the
disappearance, and, short of actual demonstration, the facts offered
convincing evidence of the death of all persons on board. I mention this
case as an illustration. You are not dealing with speculative
probabilities. You are contemplating a very momentous proceeding, and
you must be very sure of your ground. Consider what it is that you are
asked to do.
"The petitioner asks permission to presume the death of the testator in
order that the testator's property may be distributed among the
beneficiaries under the will. The granting of such permission involves
us in the gravest responsibility. An ill-considered decision might be
productive of a serious injustice to the testator, an injustice that
could never be remedied. Hence it is incumbent upon you to weigh the
evidence with the greatest care, to come to no decision without the
profoundest consideration of all the facts.
Pages:
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323