[PW] Presumption of death

[Edith Bailes]

This is for me, so there's no rush.

When a person has been missing for a certain length of time their heirs may
go to court to petition that the person be declared dead.

I've checked at the Maine Law Library and they tell me that this concept
goes back in English common law at least to the 16th century, so I'm taking
it for granted that it was in use in the colonies in the 18th.

I'm trying to find information about a Revolutionary War soldier who lived
in Lanesborough, Berkshire County, Massachusetts and apparently never came
home after the war. I know it's a long shot at this late date, but I'd like
to know what happened to his estate (he owned quite a bit of acreage there)
and how his heirs made out.

How can I find out which court would have handled this, to see if any papers
survive that may apply to this particular case? Would it be the Probate
Court? (This would be in the 1780s). If not, what? Land records haven't been
any help so far.

I'll be very appreciative of any suggestions that will help me learn more
about this.

Edie in Maine