Baker v. Fidelity Title & Trust Co.

Citations

• 55 Pa. Super. 15
• 1913 Pa. Super. LEXIS 310

Syllabus

<p>Decedents’ estates — Presumption of death — Unaccounted absence— Evidence.</p> <p>1. The presumption of death arising from an unaccounted absence of a person for seven years must be taken to run exclusively from the termination of the prescribed period, so that the person must be taken to have thembeen dead, and not before. McCausland’s Est., 213 Pa. 189, explained and distinguished.</p> <p>2. Where a son has disappeared and his absence has been unaccounted for, for less than seven years before the death of his mother, he will be presumed to have lived until after the death of his mother, and if the latter dies intestate, and the son has also left no will and no children, the widow of the son will be entitled to a half interest for life in the real estate which descended to her husband, and the income may be paid to her directly without raising an administration on her husband’s estate under the Act of June 25, 1885, P. L. 155.</p>