You do not presume a certainty.

The uncertainty is of the essence of the transaction." "But," I persisted, "if you really believe that he may be alive, I should hardly have thought that you would take the responsibility of presuming his death and dispersing his property." "I don't," said Mr.Jellicoe.

"I take no responsibility.

I act in accordance with the decision of the Court and have no choice in the matter." "But the Court may decide that he is dead and he may nevertheless be alive." "Not at all.

If the Court decides that he is presumably dead, then he is presumably dead.