The case confirms that the common law presumption of death after seven years' absence applies even where there is strong evidence of intentional disappearance, provided that the complete absence of any records or trace of the missing person is more consistent with death than with living apart. An applicant for leave to swear to death must file an affidavit stating a belief that the death occurred on or after the date of disappearance. The court granting leave does not itself presume death or determine the date of death.
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