PRESUMED TO BE DEAD.

Manawatu Herald, Volume XLIX, Issue 3799, 31 May 1928, Page 3

PRESUMED TO BE DEAD.

ESTATE TO BE DIVIDED. Auckland, May 29. The mysterious disappearance of Robert Charles Austin, a New Zealand boy who left this country in 1878, and who has not been seen or heard of for more than fifty years, was recalled at the Supreme Court to-day, when Mr. Justice Blair gave his reserved judgment in a legal matter which arose out of the case. He granted to Lillian Mary Park, administratix of the estate of Minnie Saunders (deceased), authority for presumption of Austin’s death without issue. This decision enables an estate, which is of a net value of £11,366 (and of which Robert Charles Austin, as next-of-kin, was entitled to a share of one-eigth), to be finally administered.

His Honour said the boy Austin was born at Wellington on April 10, 1864, and it was believed that he left New Zealand when, about 14 year 1878. Plaintiff, in her affidawith the object of earning his living. After a few months’ residence in Sydney all correspondence ceased, and from that time no further word was ever received as to his whereabouts, and it had always been considered that he died in the ylar 1878. Plaintiff, in her affidavit, stated that neither had she, nor to the best of her knowlcdgo or belief, any member of her parents’ family, ever received any information as to what became of the boy after the year 1878, nor had they received any information which would raise any suspicion in their minds that he did not die in Australia about the year 1878. ■ Neither had she ever htard that her brother was ever married.

Dealing with the legal aspect of the case, His Honour said the originating summons came before Mr. Justice Stringer in August, 1927, and he directed that further steps, by advertisement or otherwise, should be taken before declaration of presumption of death, and that the Public Trustee, as representing defendant, should agree on the mode of advertisement. This was done, and the advertisement was effected accordingly, but without result. His Honour made the order asked for, costs to be allowed out of the estate.

The missing Robert Charles Austin was a member of a well-known and much respected family who resided in Foxton for many years. For years, every available source of inquiry was made to locate the missing member but without success.