Modern Woodmen of America v. Gerdom

Citations

• 72 Kan. 391
• 82 P. 1100
• 1905 Kan. LEXIS 360

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraternal Insurance — Seven Years’ Absence — Presumption of Death. In order that the presumption that a person once shown to have been alive continues to live may be overcome by the presumption of death arising from seven years’ unexplained absence from home or place of residence, there must be a lack of information concerning the absentee on the part of those likely to hear from him, after diligent inquiry.</p> <p>2. -Lack of Information Necessary to Raise the Presumption. The inquiry should extend to all those places where information is likely to be obtained, and to all those persons who in the ordinary course of events would be likely to receive tidings if the party were alive, whether members of his family or not; and in general the inquiry should exhaust all patent sources of information, and all others which the circumstances of the case suggest.</p>