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Matter of Bright

Presumed Dead Now-Returned Absentee Relieved of Terms of 2000 Decree Declaring His Death

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DECISION and ORDER

*1  This case concerns issues presented by the return of an absentee after being “declared dead” by decree of the court, including how various property rights may be affected by the return of an alleged decedent. In 1999, the wife of Winston K. Bright (the absentee) filed a petition asking this court to declare him dead pursuant to EPTL 2-1.7, and to grant her letters of administration on his estate. The petition was supported by affidavits of the absentee’s two adult sisters and of his mother and father, who corroborated the wife’s allegations that the absentee had disappeared without explanation and had not been seen or heard from since October 1990. The absentee was served by publication and a guardian ad litem appointed for him. After a hearing at which the petitioning wife and the parents of the absentee testified, the court found that a diligent and exhaustive search had been made for his whereabouts, which included a police investigation for over a year; inquiries of his co-workers, family members, and members of the congregation where he had been a minister; extensive posting of missing person flyers with his picture; and a search of social security, bank, and credit card records, all of which showed no activity. The court concluded that there was no explanation for his continued absence of more than nine years,

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