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LLOYD LOWNDES, ESQUIRE, GOVERNOR.
heard of for above seven years, and supposed to be dead; pro-
vided, that when any will or codicil shall be presented for
probate, or application shall be made for letters testamentary,
or of administration upon the estate of a person so absent and
unheard of for above seven years, the person presenting such
will or codicil, or making application for letters, as aforesaid,
shall file a written petition, under oath, setting forth the time
when and place where absentee was last heard of by his family
or friends; that diligent inquiry has been made among the
family, relatives and friends of such absentee; and that adver-
tisement and inquiry by letters or otherwise has been made, at
the most likely place of his last residence, and that no infor-
mation, by any of these means, has been obtained of such
absentee since the date set forth in the petition, which must
be above seven years prior to the date of the petition, and that
the applicant verily believes such absentee to be dead, where-
upon the court shall order notice, by publication, to be given
in one or more newspapers, stating that a will or codicil pur-
porting to be the will or codicil of such absentee had been
presented for probate, or that application had been made for
letters testamentary or of administration upon the estate of
such absentee, as the case may be, and warning such absentee
to appear on or before the day fixed in such order, and show
cause why the will or codicil should not be probated, and let-
ters testamentary granted thereon, or letters of administration
granted, if there bo no will; and such notice shall be published
as the court may direct, not less, however, than once a week
for four successive weeks, fifteen days before the day fixed by
such order for the appearance of the absentee; and if no
appearance be made, the court may, if it see fit, summon
before it, and examine, under oath, any relations or friends of
such absentee, respecting his absence, and if no information or
evidence shall be obtained indicating the probable existence of
such absentee, the court may judicially determine "such absen-
tee to be dead, and may proceed to probate the will or codicil
in the usual manner, and to grant letters testamentary thereon,
or to grant letters of administration, as the case may be, as
upon the estate of a deceased person; and such probate and such
letters, either testamentary or of administration, when granted,
shall have the same force and effect as if granted upon the
estate of a person proven by direct testimony to be dead.
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435
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