In re the Administration of the Estate of Wyllie

Feely, S.

These two proceedings are quite alike, and will be discussed together. In each this court is asked to declare a person presumptively dead, a brother and a sister. The petition, reciting the facts of absence, silence and search, alleges the petitioners believe the person to be dead. Without stopping to consider whether there be any explicit authorization therefor in the Surrogate’s Court Act, this court did issue a citation, which was served by publication. In form the citation runs to the supposed decedent, if living, and if dead, to the decedent’s mother, brother or sister, and so…