ABSENTEE

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ABSENTEE

ABSENTEE. One who is away from his domicil, or usual place of residence. 2. After an absence of seven years without being heard from, thepresumption of death arises. 2 Campb. R. 113; Hardin's R. 479; 18 Johns. R.141 15 Mass. R. 805; Peake's Ev. c. 14, s. 1; 2 Stark. Ev. 457 8; 4 Barn. &A. 422; 1 Stark. C. 121 Park on Ins. 433; 1 Bl. R. 404; Burr v. Simm, 4 Wh.150; Bradley v. Bradley, 4 Wh. 173. 3. In Louisiana, when a person possessed of either movable or immovableproperty within the state, leaves it, without having appointed somebody totake care of his estate; or when the person thus appointed dies, or iseither unable or unwilling to continue to administer that estate, then andin that case, the judge of the place where the estate is situated, shallappoint a curator to administer the same. Civ. Code of Lo. art. 50. In theappointment of this curator the judge shall prefer the wife of the absenteeto his presumptive heirs, the presumptive heirs to other relations; therelations to strangers, and creditors to those who are not otherwiseinterested, provided, however, that such persons be possessed of thenecessary qualifications. Ib. art. 51. For the French law on this subject,vide Biret, de l'Absende; Code Civil, liv. l tit.. 4. Fouss. lib. 13 tit. 4,n. 379-487; Merl. Rep. h.t.; and see also Ayl. Pand. 269; Dig. 50, 16, 198;Ib. 50, 16, 173; Ib. 3, 3,,6; Code, 7 32 12.

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