DEATH PRESUMED
APPEAL BY INSURANCE COMPANY COURT RESERVES DECISION (Feb United Press Association; WELLINGTON, Sept. 17. The hearing of the case the A.M.P. Society versus the Public Trustee was continued in the Appeal Court dayMr Byrne, of the Public Trust arguing the case for the respondent, contended that the law as to the effect of a grant of probate made pursuant to an order giving leave to swear death was the same in New Zealand as in England, and the court should apply the same test in determining whether or not the facts justified an order to swear death. Mr Byrne contended that the circumstances surrounding Montgomery s disappearance were such as to make death the only reasonable inference The only other explanation was that Montgomery voluntarily abandoned his wife and family. Such an abandonment would be a wrongful act on Montgomery's part and would not lightly be presumed by the court. Decision was reserved.
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Otago Daily Times, Issue 24406, 18 September 1940, Page 9
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155DEATH PRESUMED Otago Daily Times, Issue 24406, 18 September 1940, Page 9
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