ESTATE OF OWEN GARRITY.
No. 4650--July 24, 1878.
EVIDENCE.--DEATH, PRESUMPTION OF, ON DISTRIBUTIONS.—In case of heirs who have not been heard from for a long time and who
appear to have migrated from last known residence, the Court cannot base any presumption upon enquiries made only at such
abandoned place of residence. Further search should be made to trace the missing parties before any action by the Court can be had
in the premises looking to distribution.
Construing section, C. C. P., 1963.
M. Mullany, for claimants.
J. H. Smyth, for executors.
F. J. French, for absentees.
The deceased left a brother and
sister surviving him, who now ask that the entire
estate be distributed to them. They have
each had one-third heretofore distributed, and now ask the residue. Deceased had another sister, who married one
The application for distribution is denied for the present, and the matter is postponed to Sept. 23d next, for the purpose of obtaining further proofs.*
* Before the adjourned day, one of the Leeds children was discovered at Cheyenne, and brought here, and her identity proved and recognized, and she received one-half of the residue, the other half been retained to be claimed by her sister, if alive. The petition of the brother and sister of the testator for any further share of the estate was denied.
Transcribed by Pat Seabolt.
© 2007 Pat Seabolt.