Grattan v. Appleton
U.S. Circuit Court for the District of Massachusetts
Bill in equity. The bill in substance stated, that Sir John Caldwell died at the city of Boston, on or about the eighth day of October, A. D. 1842, and that the plaintiff [Thomas C. Grattan], on the twenty-second day of April, A. D. 1844, was duly appointed administrator of the estate of the said Sir John, within the commonwealth aforesaid, and has given bonds according to law for the faithful performance of his duties as such.
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Bill in equity. The bill in substance stated, that Sir John Caldwell died at the city of Boston, on or about the eighth day of October, A. D. 1842, and that the plaintiff [Thomas C. Grattan], on the twenty-second day of April, A. D. 1844, was duly appointed administrator of the estate of the said Sir John, within the commonwealth aforesaid, and has given bonds according to law for the faithful performance of his duties as such. That the said Sir John Caldwell died insolvent; that on or about the twenty-first day of April, A. D. 1841, the said Sir John Caldwell assigned to the said William…
1Opinion of the Court
STORY, Circuit Justice.
It is agreed by the parties, that, at the time of his death, Sir John Caldwell had his legal domicil in the province of New Brunswick; and, indeed, there is no doubt, that he was at that time, and for many years before, and probably from his birth, a subject of the sovereign of the United Kingdom of Great Britain and Ireland. His residence in Boston was merely for temporary purposes. It is further agreed between the parties, that the law governing wills in the province of New Brunswick is an act entitled “An act for the amendment of the law with respect to wills,”…
2Cases cited1 opinion
- Desesbats v. BerquierSupreme Court of Pennsylvania · 1808
3Cited by6 opinions
- Smith v. DorseyIndiana Supreme Court · 1872
- Pulliam v. PulliamUnited States Circuit Court · 1881
- McKinnon v. McKinnonU.S. Circuit Court for the District of Western Missouri · 1891
- Hodgman v. Atlantic Refining Co.District Court, D. Delaware · 1927
- Hunt v. MootrieNew York Surrogate's Court · 1855
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