DEEMED DEAD

Evening Star, Issue 23698, 4 October 1940, Page 6

DEEMED DEAD

BAKER WHO DISAPPEARED INSURANCE COMPANIES APPEAL DISMISSED [Ter United Parts Association.] WELLINGTON, October 4. The Court of Appeal to-day delivered judgment dismissing the appeal of the A.M.P. Society, the Colonial Mutual Life Assurance Society, and the State Fire Office from an order made by Mr Justice Johnston at Wellington on June 19, 1940, granting leave to the Public Trustee to swear death of William Joseph Suiter Montgomery, a baker, who disappeared at Ngatea on February 3, 1936. The majority of the court—the Chief Justice, Mr Justice Kennedy, and Mr Justice Northcroft—expressed the view that tho only proper inference to he drawn from the circumstances was that Montgomery had mot his death in the vicinity of the wharf at Ngatea, but as to how precisely he caina by his death the court was not called upon to decide. Mr Justice Blair dissented, expressing tho opinion that there was no preponderance of evidence which justified the conclusion that Montgomery’s disappearance was due to drowning or death rather than to a deliberate disappearance. In his view, the proper attitude for the court to adopt was that sufficient evidence had not been produced to justify the court in makiii" the order asked for. [Montgomery’s van was found near the wharf on “Piako River, hut there was no trace of Montgomery. At the time of his disappearance he _ was in good health and sound financial position, and there was no reason why he should have taken his own UP©. The view commonly accepted in tho district was that lie hud accidentally fa"cn into tho river, which was then somewhat flooded, and had been drowned. The Public Trustee, as holder of the will, dated 1925, applied to the Supreme Court for an order granting leave to swear the death of the missing person, so that probate could he granted and the estate administered. _ This application was opposed by the insurance companies iu which Montgomery’s life was insured for a total of £3,000. Mr Justice Johnston gave leave to swear death, at the same time pointing out that the insurance companies could defend proceedings on the policy on the ground that there was no evidence of death.]