In re Ketcham's Estate
New York Surrogate's Court
On November 16, 1876, George W. Ketcham disappeared, and was never heard of afterwards. On the day before he attempted to commit suicide by jumping from a ferry-boat, but was arrested and locked up. He offered the deck-hand who made the arrest $25 if he would allow him to jump overboard. He was last seen in New York city, when he was released from arrest.
1Opinion of the Court
Abbott, S.
The only material point to be decided in this application is, what wrns the date of death of the intestate? While the law raises a presumption of death after an absence of seven years, unheard of, yet it raises no presumption as to time of death. If it becomes important for a party to establish a precise time of death, he must do so by evidence, and cannot rely either upon the presumption of death or of the continuance of life. The time of death, whenever it is material, must be inferred from all the circumstances of the case. While the presumption does not attach to a lapse of time…
2Cited by8 opinions
- In re the Estate of KatzNew York Surrogate's Court · 1930
- Glasscock v. WeareCourt of Appeals of Kentucky · 1921
- In re the Estate of LoseeNew York Surrogate's Court · 1905
- In re the Judicial Settlement of the Account of DavenportNew York Surrogate's Court · 1902
- Wagner v. AldersonWashington Supreme Court · 1916
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