Isham Austin's Estate
Missouri Court of Appeals
Appeal from the Linn Circuit Court. — Hon. W. W. Rucker, Judge. (1) The transmission of a decedent’s personal estate to legatees and distributees, whether he died testate or intestate, “is governed exclusively by the law of the decedent’s actual domicil at the time of his death, no matter what was the country of his birth or his former domicil, or the actual situs of such property at-the time of his death.”
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Appeal from the Linn Circuit Court. — Hon. W. W. Rucker, Judge. (1) The transmission of a decedent’s personal estate to legatees and distributees, whether he died testate or intestate, “is governed exclusively by the law of the decedent’s actual domicil at the time of his death, no matter what was the country of his birth or his former domicil, or the actual situs of such property at-the time of his death.” Schouler on Executors and Administrators, sec. 16, p. 24; Story on Conflict of Laws [5 Ed.], secs. 465, 468, 481; 1 Woerner on Law of Am. Adm., sec. 64, p. 131; sec. 158, p. 360; 2 Id.,…
1Opinion of the CourtG-ill, J.
This is an appeal from an order of distribution made on the final settlement of the estate of Isham Austin, who, it seems, was reared to manhood in Linn county, Missouri, but asa professional gambler spent the years of his maturity at various points in Kansas, New Mexico and Missouri. During most of this time, however, the deceased seems to have resided at Albuquerque, New Mexico, where he kept house with the appellant as a reputed wife. On account of failing health he left New Mexico in the early part of 1893 and came east, and, as he said, to die among his folks and at home. During the few…
2Cases cited2 opinions
- Boyd v. . ReddSupreme Court of North Carolina · 1896
- Richardson v. LewisMissouri Court of Appeals · 1886
3Cited by5 opinions
- Krumenacker v. AndisNorth Dakota Supreme Court · 1917
- Comerford v. CoulterMissouri Court of Appeals · 1900
- Wyatt v. WilhiteMissouri Court of Appeals · 1916
- Jaeglin v. Moakley, Admx.Missouri Court of Appeals · 1941
- Citizens Bank & Trust Co. v. MooreMissouri Court of Appeals · 1924