Estate of Wickes
California Supreme Court
The facts are stated in the opinion of the court. Z. N. Goldsby, P. E. Dunne, and B. H. Griffins, for Appellant. The wife had her home in Oakland, and there is no doubt of her intention to make it such. Her home constituted her domi- cile. (Story on Conflict of Laws, sec. 41; Doucet v. Geoghegan, L. R. 9 Ch. Div. 456; Whicker v. Hume, 7 H. L. Cas. 124; Hoyt v. Brown, 1 Wall.
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The facts are stated in the opinion of the court. Z. N. Goldsby, P. E. Dunne, and B. H. Griffins, for Appellant. The wife had her home in Oakland, and there is no doubt of her intention to make it such. Her home constituted her domi- cile. (Story on Conflict of Laws, sec. 41; Doucet v. Geoghegan, L. R. 9 Ch. Div. 456; Whicker v. Hume, 7 H. L. Cas. 124; Hoyt v. Brown, 1 Wall. Jr. 262; Venable v. Paulding, 19 Minn. 490; Smith v. Croom, 7 Fla. 81.) The theoretic identity of domicile between husband and wife is only a prima facie presumption, subject to be rebutted by proof of the contrary when…
1Opinion of the CourtTemple, J.
The will of Olive Jane Wickes was refused probate by the superior court of Alameda county on the ground that the testatrix, at the time of her death, did not reside in that county, and this appeal is from that order. The will was contested by the surviving husband of the testatrix on many grounds. He also contended that the testatrix, at the time of her death, resided in San Francisco. This last contention was sustained by the court.
At the trial some of the facts were agreed upon as follows: “That in October, 1894, and for many years prior thereto, Olive Jane Wickes and Alfred M. Wickes, her…
2Cases cited1 opinion
- Cheever v. WilsonSupreme Court of the United States · 1870
3Cited by8 opinions
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- Younger v. GianottiTennessee Supreme Court · 1940
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