White v. Brown
U.S. Circuit Court for the District of Eastern Pennsylvania
This was a feigned issue directed by the court to settle the domicil, at different times, of Mathias Aspden, an eccentrick, hypochon-driack and solitary bachelor, who, bom in Philadelphia prior to the American Revolution, died in the city of London, in 1S24, leaving a will, executed in Philadelphia in 1791, by whieh he gave to his “heir at law,” a personal estate which, at the time of this issue, amounted to about half a million of dollars.
Read the full summary
This was a feigned issue directed by the court to settle the domicil, at different times, of Mathias Aspden, an eccentrick, hypochon-driack and solitary bachelor, who, bom in Philadelphia prior to the American Revolution, died in the city of London, in 1S24, leaving a will, executed in Philadelphia in 1791, by whieh he gave to his “heir at law,” a personal estate which, at the time of this issue, amounted to about half a million of dollars. Judge Baldwin sitting in equity in 1S33, had inclined to the opinion that Mr. Aspden was domiciled in England: but the matter coming before this court…
1Opinion of the Court
GRIER, Circuit Justice.
Domicil is a word which we have adopted from the Roman or civil law, but which it has been considered so difficult to define with precision and accuracy, that an eminent writer (Bynkershoek) on the subject was unwilling to hazard a definition, and therein has been commended by a learned English judge (Lord Alvanley, 5 Yes. 750) for his wisdom.
The Roman codes described domicil as follows: “In whatever place an individual has set up his household gods and made the chief seat of his affairs and interest; from which, without some special avocation he has no intention of…
2Cases cited1 opinion
- Desesbats v. BerquierSupreme Court of Pennsylvania · 1808
3Cited by6 opinions
- Dupuy v. . WurtzNew York Court of Appeals · 1873
- Adams v. SmithSupreme Court of Iowa · 1921
- Fry's Election CaseSupreme Court of Pennsylvania · 1872
- Donaldson v. State ex rel. TaylorIndiana Supreme Court · 1906
- Allen v. Allen's Ex'rU.S. Circuit Court for the District of Western Pennsylvania · 1857
1 more not listed; retrieve them via the Exa API.