Ives v. Heirs Salisbury
Supreme Court of Vermont
Appeal from the Probate Court. Heard by the court, March Term, 1882, Eedeield, J., presiding. Judgment that the judgment of the Probate Court be reversed, and that the certified copies of the will and the probate thereof be admitted. The law of domicile at the time of making the will must govern as to capacity or incapacity. Personal property is distribnted according to the law of the domicile. Story Conf. Law, ss. 467, 468; 2 Greenl.
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Appeal from the Probate Court. Heard by the court, March Term, 1882, Eedeield, J., presiding. Judgment that the judgment of the Probate Court be reversed, and that the certified copies of the will and the probate thereof be admitted. The law of domicile at the time of making the will must govern as to capacity or incapacity. Personal property is distribnted according to the law of the domicile. Story Conf. Law, ss. 467, 468; 2 Greenl. Ev.. s. 668 ; 1 Binn. 336 ; 10 Mo. 543; 13 Ohio, 458; 27 Miss. 847.
1Opinion of the Court
The opinion of the court was delivered by
Boss, J.
On the issues formed by the pleadings, the County
Court have found, that the domicile of the testatrix at the time of making and publishing her will, and of her death, was at Northfield this State ; that the will was made, and the testatrix died, in the State of Indiana; that by the statutes of Indiana,, the courts of that State had jurisdiction of the subject-matter of the will, inasmuch as the testatrix died there leaving property and debts ; and that the will was duly probated in that State, as. was evidenced by duly certified copies of the…
2Cited by6 opinions
- Evansville Ice & Cold Storage Co. v. WinsorIndiana Supreme Court · 1897
- State v. Clement National BankSupreme Court of Vermont · 1911
- Ruef v. District Court of the Twelfth Judicial DistrictMontana Supreme Court · 1906
- Walton v. Estate of HallSupreme Court of Vermont · 1894
- Tarbell v. WaltonSupreme Court of Vermont · 1899
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