Commonwealth ex rel. Trustees of Mothers' Assistance Fund v. Powell

Citations

• 256 Pa. 470
• 100 A. 964
• 1917 Pa. LEXIS 636

Syllabus

<p>Mothers — Pensions—Acts of April 29,1918, P. L. 118, and June 18,1915, P. L. 1088 — Death of husband — Absence for seven years— Presumption.</p> <p>1. The women for whom charitable provision is made under the Act of June 18, 1915, P. L. 1038, amending- the Act of April 29, 1913, P. L. 118, are not, as under the Act of 1913, those whose husbands have abandoned them but those “whose husbands are dead or permanently confined in institutions for the insane”; and the word “dead” as used in such act is to be given its popular, natural' and ordinary meaning, and an award cannot be made upon a presumption of death arising from the absence of the husband for seven years.</p> <p>2. While for most judicial purposes there is a presumption of the death of a person of whom no account can be given at the expiration of seven years from the time he was last known to be living, such presumption is one of fact and may be overcome by legitimate evidence opposed to it, such as proof that the absentee had a motive for his silence, as that he was a fugitive from justice, had absconded from his creditors, had escaped from a place of involuntary detention, or had other reasons for concealing his identity.</p>