§ 1112. When life tenant deemed dead and petitioner let into
possession. If it appears from the referee's report, or upon the
hearing before the court, that the person upon whose life the prior
estate depends was not produced and if the party required to produce
him, or to prove his existence has not proved to the satisfaction of the
court that he is living, a final order must be made, declaring that he
is presumed to be dead, for the purpose of the proceedings, and
directing that the petitioner be forthwith let into possession of the
real property, as if that person was actually dead.