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The DC Code: § 16-1154 Investigation outside the District; report to court; presumption of death; right to possession.

Index16 Particular Actions, Proceedings and Matters. (Refs & Annos)

If before, or at the time of, the presentation of the commissioners' return provided for by section 16-1153, or, where commissioners are not appointed, at any time before a final order is made, the party upon whom the first or second order is served presents to the court presumptive proof, by affidavit, that the person, whose death was in question, is, or lately was, at a place certain, without the District of Columbia, the petitioner, at his own expense, may send one or both of the persons named in the first order to view him. If the person concealing or suspected of concealing the person upon whose life the prior estate depends, or the fact of his death, refuses or neglects to produce him or to procure him to be produced to the personal view of the persons sent for that purpose, the persons sent to view him shall make a true return of the refusal or neglect to the court, and the return shall be filed in the court. Thereupon, it shall be presumed that the tenant for life is dead, and the court shall issue an order permitting the petitioner to take possession of the real property, as if that person were actually dead.

Historical and Statutory

Prior Codifications 1981 Ed., § 16-1154. 1973 Ed., § 16-1154. DC CODE § 16-1154 Current through December 11, 2012


(Dec. 23, 1963, 77 Stat. 570, Pub. L. 88-241, § 1.)