Legal Opinion

Hindman's Appeal

Supreme Court of Pennsylvania

Decided November 12, 1877No. 64PublishedCited by 29 opinions

Appeal from the Orphans’ Court of Washington county: Of October and November Term 1877, No. 64. This was the appeal of Samuel Hindman, administrator of the estate of George Hindman, deceased, from the decree of the court confirming the report of the auditor appointed to make distribution of the estate of said decedent. The facts will be found fully stated in the opinion of this court.

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Appeal from the Orphans’ Court of Washington county: Of October and November Term 1877, No. 64. This was the appeal of Samuel Hindman, administrator of the estate of George Hindman, deceased, from the decree of the court confirming the report of the auditor appointed to make distribution of the estate of said decedent. The facts will be found fully stated in the opinion of this court. The only question raised by the assignments of error was that of the domicile of George Hindman at the time of his decease, which the auditor found was in Virginia, and accordingly reported that the distribution…

1Opinion of the CourtJustice Mercur

All the assignments of error relate to the question of the place of George Hindman’s domicile, at the time of his death; they will therefore be considered together. Vattel defined domicile to be a fixed residence, with an intention of always staying theré. This definition is too limited to apply to the migratory habits of the people of this country. So narrow a construction would deprive a large proportion of our people of any domicile. The better definition is, that place in which a person has fixed his habitation, without any present intention of removing therefrom: 1 Bouv. Law Die. 499 ;…

2Cases cited3 opinions

  1. Putnam v. JohnsonMassachusetts Supreme Judicial Court · 1813
  2. Inhabitants of Wilbraham v. Inhabitants of LudlowMassachusetts Supreme Judicial Court · 1868
  3. Inhabitants of Greece v. Inhabitants of WindhamSupreme Judicial Court of Maine · 1836

3Cited by29 opinions

  1. Dorrance's EstateSupreme Court of Pennsylvania · 1932
  2. Leibowitz v. Ortho Pharmaceutical Corp.Superior Court of Pennsylvania · 1973
  3. Price v. PriceSupreme Court of Pennsylvania · 1893
  4. Collins v. KephartSupreme Court of Pennsylvania · 1921
  5. Brooks v. ConstonSupreme Court of Pennsylvania · 1946

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