of fact.

SEC. 7. Upon the hearing of the petition, the truth of the What issues allegations thereof regarding the last known place of abode of the absent person, his or her disappearance therefrom, knowledge of his or her whereabouts, and the fact of his or her having been heard from, shall be issues of fact to be determined by the court; and the testimony upon these questions shall be transcribed and filed in the case.

ments, etc.,

SEC. 8. Upon the hearing of the petition, in case the testi- Signed statemony of any person most likely to know the last place of evidence. abode of the absent person, or to know his or her whereabouts, or to know whether he or she has been heard from, cannot be procured because of death, mental or physical incompetency, or removal to some jurisdiction where a deposition can not be compelled by process of law, the signed statement in writing of the needed witness made to anyone, or the oral declaration of the needed witnesses made to some person in no manner interested in said proceeding as creditor or beneficiary, may be received in evidence and given such weight as the court or jury shall decree proper,

sell, etc.,

SEC. 9. Except for the purposes of paying taxes, special When may assessments, liens, insurance premiums, allowed claims for property. debts contracted by the absent person before his or her disappearance, or to prevent great depreciation on account of neglect, or to specifically fulfill contracts made by the absent person before his or her disappearance, no sale, mortgage, or other disposition of the property of the absent person shall be had until the lapse of one year after the appointment and qualification of the representative of his or her estate.

etc., when

SEC. 10. No distribution nor assignment to beneficiaries Distribution, of the property or the proceeds thereof of the absent person de." shall be made in any event until after the lapse of one year after the appointment and qualification of the representative of his or her estate; nor shall such distribution or assignment be made until after the lapse of three years after the appointment and qualification of the representative of his or her estate, unless the distributee or assignee execute and deliver to the representative a surety company bond in a penal sum not less than the value of the property distributed or assigned and for such additional amount as the court may prescribe, to be approved by the probate judge conditioned to return the property or the value thereof to the representative in case the absent person be adjudicated in the manner hereinafter set forth to have been still living since the commencement of said period of seven years, and also conditioned to save the representative harmless from the damages and expenses of all suits or proceedings brought by the absent person or anyone succeeding to his or her rights by reason of such distribution or assignment having been made during said period of three years.

SEC. 11. In case any person shall, within the period of Claimant, three years after the appointment and qualification of the filing of petirepresentative, file his or her petition in the proceedings signed

tion by.

Proviso.

When pro

cated.

and verified by himself or herself or by his or her guardian (if an infant or mentally incompetent) claiming in such petition to be the absent person, and shall also cause a copy thereof to be served either personally or by registered mail upon the legal representative of the estate and upon each beneficiary and upon the surety in any bond given to protect the representative in case of a distribution or assignment prior to the expiration of said period of three years, an issue shall thereupon be framed by the court to determine the identity of the claimant, which issue shall be tried by the court: Provided, however, The court may upon the application of any interested party require the claimant to give security to be approved by the court for all costs and expenses involved in the trial of the issue and the ultimate determination thereof, in case the issue be decided against the claimant.

SEC. 12. In case the issue last aforesaid be determined in ceedings va- favor of the claimant, an order shall be entered vacating all the proceedings for administration and in the course of administration; except those providing for the payment of taxes, special assessments, liens, insurance premiums, allowed claims, the specific fulfillment of contracts, the prevention of great depreciation on account of neglect; and also except any sale, mortgage, or other disposition of the property of the absent person to innocent persons for value made to effect the results first above excepted.

Petition in

SEC. 13. In case any person shall within the period of three case of death years after the appointment and qualification of the representative file his or her petition in the proceedings signed and verified by himself or herself or by his or her guardian (if an infant or mentally incompetent), claiming in such petition that the absent person died subsequently to the seven year period aforesaid and that the petitioner is entitled to the property being administered or any portion thereof as successor to the rights of the absent person because of his or her death; and if the claimant shall also cause a copy of the petition to be served either personally or by registered mail upon the legal representative of the estate and upon each beneficiary and upon the surety in any bond given to protect the representative in case of a distribution or assignment prior to the expiration of said period of three years; an issue shall thereupon be framed by the court to try the truth of the petition, which issue shall be tried by the court: Provided, however, The court may upon the application of any interested party require the claimant to give security to be approved by the court for all costs and expenses involved in the trial of the issue and the ultimate determination thereof, in case the issue be decided against the claimant.

Proviso.

When proceedings vacated.

SEC. 14. In case the issue last aforesaid be determined in favor of the claimant, an order shall be entered vacating all of the proceedings for administration and in the course of administration; except those providing for the payment of taxes, special assessments, liens, insurance premiums, allowed

claims, the specific fulfillment of contracts, the prevention of great depreciation on account of neglect; and also except any sale, mortgage, or other disposition of the property of the absent person to innocent persons for value made to effect the results first above excepted.

SEC. 15. In case no person makes claim during said period Estate, when of three years after the appointment and qualification of the closed, etc. representative either to be the absent person, or to have succeeded to the rights of the absent person since the commencement of said period of seven years by reason of the death of the absent person, then a conclusive presumption shall arise that the absent person died prior to the filing of the petition for administration or the probate of his or her will; and the estate shall be distributed accordingly, so far as the same has not already been accomplished; and by order of court the estate shall be closed and the liability of the representative to claimants ended, and the liability of distributees ended, and all bonds given by them cancelled: Provided, That, if in Proviso. any case such period of absence as set forth in section one of this act shall have exceeded fifteen years at the time of the filing of the petition for the appointment of an administrator, then said estate may be distributed and closed at the end of one year, without a bond being given, with like effect as hereinbefore provided for at the end of three years.

SEC. 16. Whenever any person shall die testate or intestate, When persor leaving property in the state of Michigan to be administered, dies leaving and one or some of the apparent beneficiaries of his or her state. estate is a person who has been absent from his or her last known place of abode for the continuous period of seven years with his or her whereabouts unknown to those persons most likely to know thereof, and who has not been heard from by such persons during said period, no distribution or assignment of that portion of the estate which would be distributed and assigned to the absent person, if alive, shall be made until the lapse of three years after the death of the decedent.

appointed.

SEC. 17. The question whether or not there is an apparent Guardian ad beneficiary, as described in the next preceding section, shall item, when be a question of fact to be determined by the court on its own motion or upon the verified petition of any interested party showing probable cause, at any time before a final order of assignment and distribution is made and after due notice by citation to all interested parties; and, if the possible existence of such beneficiary be disputed by any interested person, an issue shall be framed by the court to try the question, and the court shall appoint a guardian ad litem to represent the possible absent beneficiary at the expense of the ultimate assignee or distributee of the portion of the estate involved. SEC. 18. Prior to the distribution and assignment described Notice prior in the second preceding section, the representative of the es- tion, etc. tate shall by order of court cause to be published at the expense of the person or persons ultimately receiving said portion a notice signed by him and addressed to the absent per

to distribu

Publication

of.

Identity, determination

of.

Proviso.

Assignment to claimant.

Appearance

in person.

Proviso.

Assignment

to.

son by name and also to his or her unknown heirs, next of kin, legatees, and devisees, stating that, unless cause to the contrary be shown, on a day certain after the lapse of said period of three years an order of assignment and distribution will be made by the court of the portion of the estate aforesaid to certain persons, naming them and their relationship, if any, to the decedent and the proportions of their shares in the portion of the estate to be distributed.

SEC. 19. The notice described in the next preceding section shall be published in some newspaper in general circulation in the county once each calendar month for four months prior to the month containing the day certain when the order is to be made; and, in addition, within thirty days after such order, copies of the notice shall be sent by registered mail to each person named in said notice as entitled to receive the portion, in the absence of cause to the contrary; and due proof of the publication and such mailing shall be filed prior to the entry of any order of assignment and distribution.

SEC. 20. In case any person claiming to be the absent person on the day certain shall appear in person or by a guardian, if an infant or mentally incompetent, or by an attorney authorized by him so to appear by a paper-writing signed by such person and thereupon filed, an issue shall thereupon be framed by the court to determine the identity of the claimant, which issue shall be tried by the court: Provided, however, The court may upon the application of any interested party require the claimant to give security to be approved by the court for all costs and expenses involved in the trial of the issue and the ultimate determination thereof, in case the issue be decided against the claimant.

SEC. 21. In case the issue last aforesaid be determined in favor of the claimant, an order shall be entered assigning to the claimant the portion of the estate aforesaid less the expenses.

SEC. 22. In case any person on the day certain shall appear in person, or by any attorney authorized by him so to appear by a paper-writing signed by such person and thereupon filed, and claim in a verified petition filed by him to be entitled to all or a share of the portion of the estate to be distributed, or a different proportion thereof from that described in the notice, by reason of having succeeded to the rights of the absent person because of the latter's death since his or her disappearance from his or her last known place of abode, an issue shall thereupon be framed by the court to try the truth of the petition, which issue shall be tried by the court: Provided, however, The court may upon the application of any interested party require the claimant to give security to be approved by the court for all costs and expenses involved in case the issue be decided against the claimant.

SEC. 23. In case the issue last aforesaid be determined in whole or in part in favor of the claimant, an order shall be

entered assigning to the claimant the proper portion of the

estate less expenses.

etc.

SEC. 24. In case no person makes claim upon the day cer- When no tain to any part of that portion of the estate which would claim made, be distributed to the absent person, if alive; or, in case the issue or issues framed are decided against the claimants, the portion of the estate in question less expenses shall be assigned and distributed by an order of court to that person or those persons described in the order to show cause as therein stated; and the absent person, and his or her unknown heirs, next of kin, legatees and devisees shall be forever barred from all claim or right thereto.

administra

SEC. 25. Whensoever any person shall die testate or in- Petition for testate, leaving property in the state of Michigan to be ad- tion, who ministered, and the only person apparently qualified to peti- may make. tion for administration or probate of the last will is a person who has been absent from his or her last known place of abode for the continuous period of seven years with his or her whereabouts unknown to those persons most likely to know thereof, and who has not been heard from by such persons during said period, a petition for administration or probate of the will may be made by any one who would be qualified so to do, if the absent person had pre-deceased the decedent, and the fact that the absent person may have left surviving issue unknown to those persons most likely to know thereof shall not affect the validity of such petition.

SEC. 26. Appeals may be had to the circuit court as in Appeals. the case of such appeals in matters relating to the estates of deceased persons, and the judgments of the circuit court may be reviewed in the supreme court on writ of error in like manner, in the following cases:

(a) By any person interested, as apparent beneficiary, in the estate of any absent person, as defined in this act, from an order appointing an administrator of such estate or denying such appointment; or from an order admitting a will of such absent person to probate or denying such admission.

(b) By any person adversely affected, from an order of sale, mortgage, or other disposition prior to an order of assignment and distribution of property of an absent person, as defined in this act.

(c) By any person adversely affected, from the allowance or disallowance in whole or in part of any claim against the estate of an absent person, as defined in this act.

(d) By any person adversely affected, from an order affirming or denying any claimant to be the absent person, whose estate is being administered.

(e)

By any person adversely affected, from an order affirming the right of any claimant as successor of the absent person, whose estate is being administered.