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"Before considering the evidence which you have heard, gentlemen," he said, "it will be well for al aspects of the case which is occupying our attention"

"If a person goes abroad or disappears from his ho period of time, the presumption of death arises at the expiration of seven years from the date on which he was last heard of That is to say, that the total disappearance of an individual for seven years constitutes presumptive evidence that the said individual is dead; and the presumption can be set aside only by the production of evidence that he was alive at some time within that period of seven years But if, on the other hand, it is sought to presume the death of a person who has been absent for a shorter period than seven years, it is necessary to produce such evidence as shall hly probable that the said person is dead Of course, presumption implies supposition as opposed to actual demonstration; but, nevertheless, the evidence in such a casebelief that death has occurred; and I need hardly say that the shorter the period of absence, themust be the evidence

"In the present case, the testator, John Bellingham, has been absent somewhat under two years This is a relatively short period, and in itself gives rise to no presumption of death Nevertheless, death has been presumed in a case where the period of absence was even shorter and the insurance recovered; but here the evidence supporting the belief in the occurrence of death was exceedingly weighty

"The testator in this case was a shipmaster, and his disappearance was accompanied by the disappearance of the ship and the entire ship's coe from London to Marseilles The loss of the ship and her creas the only reasonable explanation of the disappearance, and, short of actual de evidence of the death of all persons on board Iwith speculative probabilities You are conte, and you round Consider what it is that you are asked to do

"The petitioner asks permission to presume the death of the testator in order that the testator's propertythe beneficiaries under the will The granting of such perravest responsibility An ill-considered decision ht be productive of a serious injustice to the testator, an injustice that could never be reh the evidence with the greatest care, to come to no decision without the profoundest consideration of all the facts