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Judge Says Fossett's Wife Must Take Stand

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Jan 16, 2008 3:21 pm US/Central

Judge Says Fossett's Wife Must Take Stand

CHICAGO (CBS) ― A judge in Chicago says adventurer Steve Fossett's wife must take the witness stand before the missing millionaire can be legally presumed dead.

Fossett vanished last September after taking off in a light plane from a small airstrip in Nevada. A long search produced no trace of him.

Judge Jeffrey Malak today told Peggy Fossett's attorneys that before he can sign an order classifying her husband as presumed dead she must testify -- along with some of those searched for him.

Malak noted that the National Transportation Safety Board already has issued a preliminary conclusion that Fossett was killed.

Mrs. Fossett wants the judge to issue the order so she can transfer the assets in his estate into a trust.

Fossett made millions of dollars trading futures and options on Chicago exchanges. 

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