In Re Estate of McWilson

The sole question before this court is whether the presumption of decedent’s death arose on September 25, 1943, which was seven years after he was last heard from or seen, or whether such presumption arose on February 14, 1949, which was the date of the decree of the presumptive death.

At common law the presumption of the death of decedent would have arisen on September 25,1943, seven years after he disappeared from his residence and domicile without having been heard from or seen since.

The rule is well expressed in the case of Rice v. Lumley, 10 Ohio St., 596, as follows:

“When a man leaves…