55 Pa. Super. 15 | Pa. Super. Ct. | 1913
Opinion by
The appellant’s statement of the question involved limits our examination to a consideration of the question whether when a husband is presumed to be dead by the lapse of seven years after he was last heard from his widow is entitled to take her share in the real estate under the intestate acts or should the rents and profits thereof be paid through the medium of an administrator appointed under the Act of June 24, 1885, P. L. 155. The argument submitted extends the discussion and supports the contention that although a presumption of death arises after an unaccounted for absence of seven years there is no presumption as to the time when death actually occurred within the seven years and inasmuch as the plaintiff’s husband was last heard from less than seven years before the death of his foster mother from whom he inherited the land in question there is neither evidence nor presumption that the husband was living at the date of the foster mother’s death and if not then living no title descended to him at her death. This question is not
The assignments are overruled and the decree affirmed at the cost of the appellant.