State v. Estate of Teulon

• Citation: 41 Tex. 249
• Parties: THE STATE v. ESTATE OF GEORGE K. TEULON.
• Decision Date: 01 January 1874
• Court: Supreme Court of Texas

41 Tex. 249

THE STATE

v.ESTATE OF GEORGE K. TEULON.

Supreme Court of Texas.

1874.

APPEAL from Travis. Tried below before the Hon. Joseph P. Richardson.

Trigg & Pendexter and Cullen & Denton, for the State.

Fulmore & Wooldridge, for appellee.

MOORE, ASSOCIATE JUSTICE.

This suit was brought for the purpose of escheating to the State certain property alleged in the petition to have belonged to George K. Teulon, who, as is averred, abandoned Texas a great number of years ago, and died in Brazil without having sold or transferred said property, and without leaving any heirs surviving him, &c.

To establish the facts alleged in the petition, it was proved by one witness that he was well acquainted with Teulon about the time Texas was annexed to the United States; that said Teulon was an Englishman or Scotchman, and at that time edited a newspaper at Austin; that he left Texas shortly afterwards, and went to the East Indies. The witness knew he went there, because he saw some correspondence of his to the Masonic fraternity at Austin, Texas. He has never been to Texas since, within the witness's knowledge, and witness never knew of his having any relations in Texas. Two other witnesses testified in effect that they never knew Teulon, but had heard that he left Texas about the time stated by the first witness, and if he had ever returned they had not heard of it.

It is, we think, too clear to admit of argument that this evidence does not establish the facts alleged in the petition. Certainly there is no pretense of any direct testimony of Teulon's death, or, if he is dead, that there is a failure of heirs to inherit his estate. The testimony adduced was no doubt relied on as circumstantial evidence from which the facts alleged in the petition should be inferred. That they may be as satisfactorily established by this character of evidence as by direct proof will be readily conceded. It is in many cases no doubt the only evidence by which they can be proved. But still we cannot admit that the few meager facts presented in this record are sufficient to prove the averments of the petition.

The petition alleges that Teulon died in Brazil. The place of his alleged death may be regarded as immaterial; but how does the fact that he left Texas twenty-eight years ago, and was living, at some unnamed time, when the witness last heard about him, and that he has not since known of his living in Texas, prove his death? It is a rule of the common law that death may be presumed from absence for seven years without having been heard of. But this is when the party whose death is in question has been absent from his last known place of residence or domicile, without any knowledge or information being had of him by his friends and relations, or among those who were acquainted with him, or who for some reason it should be supposed would have heard from or about him, if living. This common-law rule has, to some extent, been changed by our statute, (Pas. Dig., art. 23,) which says, any person absenting himself beyond sea or elsewhere for seven years...