Voliotes v. Ventoura

The acknowledged heirs rely upon the presumption that one not heard of for seven years by those who would naturally hear from or about him has died at the end of the period. The presumption is a well settled rule (Bennett v. Sloman, 70 N. H. 289, 291, and cases cited), but there must be competent evidence to prove the supporting facts. Proof that those likely to hear have not heard is essential. Their affidavits are neither their depositions nor their testimony, and are not admissible evidence of their contents. The affiants’ statements, although given under oath, are no more than hearsay…