Legal Opinion

Fore v. Toth

Ohio Supreme Court

Decided December 24, 1958No. 35767Published

1Opinion of the CourtBell, J.

The petitioner urges that the Probate Court of Cuyahoga County lacked jurisdiction to award custody, by way of guardianship, of Donald, for the reason that at all times material to this controversy his domicil was Louisiana. To reach this conclusion she advances several “rules” of domicil. Briefly summarized, they are:

1. A married woman takes the domicil of her husband by operation of law.

2. A person’s domicil is not changed while he is in military service, unless he has most clearly and unequivocally shown an intent to change it. Donnie R. Fore, the father, was admittedly domiciled in…

2Cases cited18 opinions

  1. May v. AndersonSupreme Court of the United States · 1953
  2. New York Ex Rel. Halvey v. HalveySupreme Court of the United States · 1947
  3. Finlay v. FinlayNew York Court of Appeals · 1925
  4. Lámar v. MicouSupreme Court of the United States · 1884
  5. Wicks v. CoxTexas Supreme Court · 1948

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