IN RE McWILSON'S ESTATE

No. 32379.

98 N.E.2d 289 (1951)

155 Ohio St. 261

In re McWILSON'S ESTATE.

Supreme Court of Ohio.

April 18, 1951.


Attorney(s) appearing for the Case

Alexander H. Martin, Cleveland, for appellant, Thomas McWilson, administrator.

C. L. Sharpe, Cleveland, for appellee, D. C. Chandler, administrator.


STEWART, Justice.

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...

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