Miller v. Beates
Supreme Court of Pennsylvania
New Trial. THIS action was brought to July Term, 181,?,. and was tried at the Nisi Prizes, on the 15th November last, before Tilghman C. J. The plaintiffs were legatees and residuary devisees under the will of George Schlosser, deceased, and in order to recover in this action it was necessary to prove, that John G. Schlosser, was dead without issue.
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New Trial. THIS action was brought to July Term, 181,?,. and was tried at the Nisi Prizes, on the 15th November last, before Tilghman C. J. The plaintiffs were legatees and residuary devisees under the will of George Schlosser, deceased, and in order to recover in this action it was necessary to prove, that John G. Schlosser, was dead without issue. It was proved on the part of the plaintiff, that John G. Schlosser went beyond sea, unmarried, many years ago ; and the last that was . heard of him was by a letter from himself to his father, dated at Bourdeaux, November 24th, 1802, in which he…
1Opinion of the Court
Tizghman C. J.
The common law has fixed no period, *492after the expiration of which, death should be presumed» But there are two statutes in England, creating a.presumption in certain cases. By the statute punishing bigamy as a felony, which does not extend to Pennsylvania, because it was made in the first year of James I. (before the grant to William Penn,) there is an exception in favour of persons, whose husbands, or wives, have been continually remaining in parts beyond sea, for seven years before the second marriage, or who have been absent within the king’s dominions for seven years,…
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