Lauderdale Peerage Claim
New York Supreme Court
Petition of Frederick Henry Maitland to admit his succession and declare that he was of right entitled to the dignities of Earl of Lauderdale, Sea., in the peerage of Scotland. The petitioner claimed by descent from Richard Maitland, the fourth son of the sixth carl of Lauderdale.
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Petition of Frederick Henry Maitland to admit his succession and declare that he was of right entitled to the dignities of Earl of Lauderdale, Sea., in the peerage of Scotland. The petitioner claimed by descent from Richard Maitland, the fourth son of the sixth carl of Lauderdale. His petition was contested by James Ramsey Gibson Maitland, admittedly the eldest male descendant of the fifth son of the sixth" carl; and the question at issue, was whether the petitioner was the lawful descendant of Richard Maitland. Richard Maitland was born in Scotland in 1724. He entered the British Army, and…
1Opinion of the Court
Opinions.
—On the first point indicated in head-note (l),as
to change of domicile, the Earl of Selbokxe, after laying down the principle that “ The onus of proving a change of domicile, animo et facto,- lies upon those who assert it;” adverted to the *446facts in detail, and concluded by saying : “It is not because-a-critical state of health may oblige a man to go, or to remain with the prospect of dying, abroad, that he can be held to have abandoned, either animo or facto, his domicile of ori- ■ gin/’
Upon this point, Lord Fitzgerald added : “The extent to which the -evidence must be carried to put…
2Cases cited90 opinions
- American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- United States v. PerchemanSupreme Court of the United States · 1833
- Miles v. United StatesSupreme Court of the United States · 1881
- Chicago, Rock Island & Pacific Railway Co. v. McGlinnSupreme Court of the United States · 1885
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3Cited by2 opinions
- In re the Appraisal under the Transfer Tax Law of the Estate of GrantNew York Surrogate's Court · 1913
- In re the Application for the Revocation of Letters of Administration Granted to RobitailleNew York Surrogate's Court · 1912