MICHEL ESTATE

No. 706 of 1957.

14 Pa. D. & C. 2d 770 (1958)

Michel Estate

Common Pleas Court of Philadelphia County, Pennsylvania.

November 28, 1958.


Attorney(s) appearing for the Case

Irvin Stander, for exceptant.

Smyth, Straub & Thistle, contra.

Before Klein, P. J., Bolger, Lefever, Saylor and Shoyer, JJ.


SHOYER, J., November 28, 1958.

Ever since the decision of Burr v. Sim, 4 Wharton 149, in 1839, it has been the rule in Pennsylvania that an unexplained absence of seven years will establish, not only the fact, but also the time of death. In the words of Chief Justice Gibson, writing for our Supreme Court, page 170:

"But the presumption of death, as a limitation of the presumption of life, must be taken to...

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