Estate of Kustel

Citations

• 2 Coffey 1

Syllabus

<p>Olograph.—An Instrument Testamentary in Character, if proved to be entirely written, dated and signed by the author, is established as an olographic will.</p> <p>Death—Presumption from Unexplained Absence.—In addition to the legal presumption arising from unexplained absence for seven years, certain facts have been noticed by courts as grounds on which inferences of death may rest. But no general or certain rule can be established; each case must be decided upon the facts, and the probabilities that life has been destroyed.</p> <p>Death—Presumption When Vessel. Fails to Betum.—The fact of death may be found from the lapse of a shorter period than seven years where one sails in an unseaworthy vessel on the night of a violent storm and the vessel is unheard of for a long time after the voyage should have been accomplished.</p>