THE STATE, EX REL., HAMMOND v. PUBLIC EMPLOYEES RETIREMENT SYSTEM

No. 71-449

29 Ohio St. 2d 192 (1972)

THE STATE, EX REL. HAMMOND, v. PUBLIC EMPLOYEES RETIREMENT SYSTEM.

Supreme Court of Ohio.

Decided March 15, 1972.


Attorney(s) appearing for the Case

Messrs. Kellar, Blair & Kunkel, for relator.

Mr. William J. Brown, attorney general, and Mr. George P. Parthemos, for respondent.


Per Curiam.

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.

Relator 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...

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