In re the Probate of the Paper Propounded as the Last Will & Testament of Johnson

It is conceded that until May, 1933, the decedent was domiciled in New York county and bad been so domiciled since about 1920. Once a domicile is established, it continues until superseded by a new domicile. (Restatement, Conflict of Laws, § 23.) In order to effect a change there must have been proof that the decedent had freely chosen another domicile and that this choice was followed by physical presence at a dwelling place and the intention to make it a home. There must be concurrence of the fact and the intent, the factum and the animus. (Gilbert v. David, 235 U. S. 561.) There is…