In re the Probate of the Will of Elias

Delehanty, S.

In this probate proceeding a separate issue was formulated respecting the fact of death. At the date of alleged death the testator was a resident of France but was of Roumanian citizenship. He is said to have died on or about September 28, 1942. In support of the claim that the testator is dead there were presented some allegations by affidavit and otherwise that the testator with others was seized by the Ger,man forces and interned for a while in France and then sent to the East in September, 1942, after which nothing was heard of him.

In further substantiation of the allegation…