MATTER OF RAUSCH


75 Misc.2d 483 (1973)

In the Matter of The Estate of Robert E. Rausch, Deceased.

Surrogate's Court, Erie County.

September 26, 1973


Attorney(s) appearing for the Case

James S. McAskill for Barbara M. Rausch, petitioner. Richard J. Lehner, guardian ad litem.


WILLIAM J. REGAN, S.

In this proceeding for issuance of temporary letters of administration, petitioner seeks a determination that her husband, Robert E. Rausch, be presumed to have died as a result of his being exposed to a specific peril on April 16, 1970, pursuant to provisions of EPTL 2-1.7 (subd. [a], par. [1]). The section provides that the death of a person will generally be presumed to have occurred upon his unexplained absence and upon the expiration...

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