Legal Opinion
In re the Accounting of Mount Vernon Trust Co.
New York Supreme Court
Decided November 2, 1948PublishedCited by 4 opinions
1Opinion of the CourtFlannery, J.
The general rule is that seven years’ absence creates a presumption that death took place at the end of that period (Connor v. New York Life Ins. Co., 179 App. Div. 596, 598). Here, slightly less than five years have elapsed and the only evidence before the court of the death of John Hamilton Cuthell Campbell is the presumptive finding by the War Department on January 17,1946. Although it sets a presumptive date (January 17, 1946) for the purpose of termination of pay, etc., it does not, under the Missing Persons Act (U. S. Code, tit. 50, Appendix, § 1005) establish an actual or probable date…
2Cases cited3 opinions
- Cunnius v. Reading School DistrictSupreme Court of the United States · 1905
- Blinn v. NelsonSupreme Court of the United States · 1911
- Connor v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1917
3Cited by4 opinions
- Saint Calle v. Prudential Insurance Co. of AmericaDistrict Court, S.D. New York · 1993
- Chiaramonte v. ChiaramonteNew York Supreme Court · 1981
- In re the Accounting of LevyNew York Surrogate's Court · 1949
- In re the Estate of RauschNew York Surrogate's Court · 1973