any evidence to show the motive or cause for the abandonment of home, family or friends or wealth by the alleged deceased, are competent evidence from which may be inferred the death of one absent or unheard from, whatever has been the duration or shortness of such abÂsence. Unquote.
âWe intend to show, your Honor, that Robert Osborne was a young man of twenty-four, mentally and physically well-endowed, happily married and the owner of a prosÂpering ranch; that his relationship with his family, friends and neighbors was pleasant, that he was enjoying life and looking forward to the future.
âIf we could follow any man around on any particular day of his life, we would find out a great deal about him, his character, the state of his health, his mind, his finances, his interests, hobbies, plans, ambitions. I can think of no better way of presenting a true picture of Robert Osborne than to reconstruct, as completely as I am able, his final day. Bear with me, your Honor, if I elicit from witnesses details that are seemingly irrelevant, and opinions, suppoÂsitions and conclusions that would not be admissible eviÂdence in an adversary proceeding.
âThe final day was October thirteen, 1967. It started on the Yerba Buena ranch, where Robert Osborne was born and where he lived most of his life. The weather was very warm, as it had been since early spring, and the river was dry. A late crop of tomatoes was being harvested and crated for shipping, and the picking of dates was schedÂuled to begin. The ranch was a busy place and Robert Osborne a busy young man.
âOn October thirteen he awoke before dawn as usual and began his preparations for the day. While he was in the shower his wife, Devon, also awoke but she didnât get up. She was in the early stage of a difficult pregnancy and under doctorâs orders to stay as quiet as possible . . . I would like to call as my first witness Devon Suellen Osborne.â
The courtroom stirred, rustled, whispered, shifted its weight. Then everything was suddenly quiet again as DevÂon walked toward the stand. âDo you swear . . . ?â She swore, her raised right hand steady, her voice flat. Ford could scarcely remember the wild weeping girl of a year ago.
âWould you state your name for the record, please?â
âDevon Suellen Osborne.â
âAnd where do you live?â
âRancho Yerba Buena, Rural Route number two.â
âDisplayed on the easel is a map. Have you seen it before?â
âYes, in your office.â
âAnd you had a chance to study it?â
âYes.â
âIs it a true representation of a portion of the property known as Rancho Yerba Buena?â
âTo my knowledge it is.â
âDo you own any portion of Rancho Yerba Buena, Mrs. Osborne?â
âNo. The deed has been in my husbandâs name since he was twenty-one.â
âDuring the early part of Mr. Osborneâs absence, how was the ranch business carried on?â
âIt wasnât. Bills piled up, checks came in which couldnât be cashed, purchases were at a standstill. Thatâs when I went to you for help.â
Ford turned to Judge Gallagher. âYour Honor, I adÂvised Mrs. Osborne to wait until ninety days had elapsed from the time her husband had last been seen and then appeal to the court to appoint her as trustee of the missing manâs estate. The appointment was granted, Mrs. Osborne was bonded, as required, and through my office made periÂodic accountings to the court of receipts and disburseÂments and the like.â
âAnd that is your present position, Mrs. Osborne,â GalÂlagher said, âtrustee of the estate?â
âYes, your Honor.â
âContinue, Mr. Ford.â
Ford went over to the map and pointed to the small rectangle bearing the letter O. âIs this the ranch house, Mrs. Osborne?â
âYes.â
âAnd it was here that you