183 Pa. 155 | Pa. | 1897
Opinion by
This appeal presents a record that is by no means a satisfactory one. Letters of administration were issued upon the estate of C. W. Morrison in November, 1891, under an order of the orphans’ court of Lancaster county which were based on an adjudication by that court that a legal presumption of the death of Morrison had been established under the proceedings authorized by the act of June 24, 1885. Some of the evidence upon which the adjudication was made is furnished to us in the paper books, and it presents the following facts: The alleged decedent, C. W. Morrison, was prior to 1875 a resident of Lancaster county. During the early part of that year he removed to the state of Kansas and settled at Fort Dodge. His brother testifies on this subject: “ I got some letters from him in Kansas prior to 1876. I received one letter from him in September 1876. I answered that letter soon after receiving it and have heard nothing from him since the last letter I wrote to him.” This showed very clearly that the place to look for Morrison
Upon the hearing on his petition these facts should have been shown, and the effect of this showing should have been passed upon by the court, and the order should thereupon have been made. In the case before us the petition contains no reference to the administration or to the proceedings under the act of 1885, makes no averment about the length of the absence of Morrison, and sets up no right to the money based upon his presumed death. Had not the answer presented some of the facts there would have been nothing before the court to call its attention to the question involved, or the possible effect of the decree it was asked to make. The learned judge of the orphans’ court, with great patience and entire disregard of form, took notice of the question raised by the answer, and entered upon a careful consideration of it. The result of this consideration is embodied in his opinion in which he goes over the former action of the court, the continued absence of the alleged decedent, covering
It is accordingly affirmed: the record costs to be paid from the fund.