Shute v. Sargent
Supreme Court of New Hampshire
Bill or Interpleader, by the administrator with the will annexed of Sarah A. P. Sargent, against her husband and legatees under her will. The will was made in 1885, at which time the testatrix was domiciled with her husband in Massachusetts, and the husband expressed in writing on the back of the will consent to its provisions. In 1888 he abandoned her without cause, and procured her ejection by legal process from the house in which they had been living.
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Bill or Interpleader, by the administrator with the will annexed of Sarah A. P. Sargent, against her husband and legatees under her will. The will was made in 1885, at which time the testatrix was domiciled with her husband in Massachusetts, and the husband expressed in writing on the back of the will consent to its provisions. In 1888 he abandoned her without cause, and procured her ejection by legal process from the house in which they had been living. She removed to Rockingham county in this state, and lived there till her death in 1889, and her domicile was there if she could legally have…
1Opinion of the Court
Blodgett, ,1.
The maxim that the domicile of the wife follows that of her husband “ results from the general principle that a person who is under the power and authority of another possesses no right to choose a domicile.” Sto. Confl. Laws, s. 46, “By marriage, husband and wife become one person in law,— that is, the very being or legal existence of the wife is suspended during the marriage, or at least is incorporated and consolidated into that of the husband, under whose wing, protection, and cover she performs everything.” 1 Bl. Com. 442. Such being the common law status of the wife, her…
2Cases cited1 opinion
- Cheever v. WilsonSupreme Court of the United States · 1870
3Cited by14 opinions
- Commonwealth v. RutherfoordSupreme Court of Virginia · 1933
- Torlonia v. TorloniaSupreme Court of Connecticut · 1928
- Town of Watertown v. GreavesCourt of Appeals for the First Circuit · 1901
- Buchholz v. BuchholzWashington Supreme Court · 1911
- Royce v. Estate of DenbySupreme Court of New Hampshire · 1977
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