Renard v. Bennett

Citations

• 76 Kan. 848
• 93 P. 261
• 1907 Kan. LEXIS 335

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Death — Presumption—Unexplained Absence — Inquiry. Following Modern Woodmen v. Gerdom, 72 Kan. 391, 82 Pac. 1100, 2 L. R. A., n. s., 809, it is held that the inference of death to be derived from the unexplained absence of a person from his home for a period of seven years is, at best, only a presumption, and it cannot arise unless the absence remains unexplained after diligent inquiry is made of the persons and at the places where tidings of the absentee, if living, would most probably be had.</p> <p>2. -Mere Absence Will Not Raise the Presumption. .The removal of a person to another part of the country, or his mere absence from a former home, where he has been unheard of for seven years, does not create the presumption of death.</p> <p>3. - Diligent Inquiry Indispensable. If the absentee left without intending to return and there is a change of domicil the fact that he has not communicated with, or is unheard of by, those remaining at his former home will not raise the presumption of death. That presumption does not arise until due inquiry has been made at his last known domicil and of the persons likely to know of his whereabouts, if living.</p>