Estate of Christin

By this appeal the correctness of an order of distribution of the assets of an estate is questioned. The statement of facts which appears in the brief of appellant herein is deemed satisfactory. It is as follows:

It thus appears that, with reference solely to the question presented to this tribunal, the issue before the trial court was whether John H. Robinson had predeceased Mildred Christin. In order to establish such fact, the administrator of the estate of Mildred Christin apparently relied, firstly, upon the legal presumption set forth in subdivision 26 of section 1963 of the Code of Civil Procedure “that a person not heard from in seven years is dead”; and secondly, upon evidence introduced by him for the purpose of proving that John II. Robinson had deceased prior to the expiration of seven years succeeding the date of his escape from the state hospital. Manifestly, if the death of Robinson could be satisfactorily established as of a date preceding the expiration of the seven-year period following his disappearance, as well as preceding the death of Mildred Christin, no necessity would exist for final reliance upon the presumption of his death as provided by the statute.…