State ex rel. Hammond v. Public Employees Retirement System

The only issue is whether respondent is under a duty specially enjoined by law to continue the monthly payment to a trustee of the property under the foregoing circumstances.

Eelator contends that, in the absence of proof of death, he, as trustee, is entitled to receive the monthly payments; that the burden of showing proof of death is upon respondent; and that a presumption of death in the case of an unexplained absence for seven or more years does not arise until the date of the court decree authorized by E. C. 2121.04, a section of the Presumed Decedents’ Act.

Eelator urges also that the…