Leake v. . Gilchrist
Supreme Court of North Carolina
From Richmond. Debt upon a single bond, made, by tiie Defendant, payable to one Daniel McKennon, and assigned to the Plain* tiff by one John McLeod, the administrator of the obligee. ' The Defendant, besides the pleas of payment and a set off, pleaded “ that the writing obligatory declared on, is of right the property of Archibald Gilchrist and Polly McKennon, to whom .letters of administration on the es» tate of Daniel McKennon, the obligee, issued from the Court of Common…
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From Richmond. Debt upon a single bond, made, by tiie Defendant, payable to one Daniel McKennon, and assigned to the Plain* tiff by one John McLeod, the administrator of the obligee. ' The Defendant, besides the pleas of payment and a set off, pleaded “ that the writing obligatory declared on, is of right the property of Archibald Gilchrist and Polly McKennon, to whom .letters of administration on the es» tate of Daniel McKennon, the obligee, issued from the Court of Common Pleas, &c. of Richmond County.” ■ On the trial, it appeared that McKennon, the obligee, died in Marion District,…
1Opinion of the Court
Toomer, Judge.
Real property is governed by the law of the country where the land lies $ personal estate by the law of the country, where the owner has his do-micil. (2 Ves. & Bea. 131.) The succession to the personal property of an intestate, is regulated by the law of that place, which was his domicil at the time of his death. For that purpose, there can be hut one domicil. (Somerville v. Somerville, 5 Ves. 750.) These are set- ties! principles of international jurisprudence. They are founded on public policy, and are conducive to public convenience. (2 Kent's Com. 344.) To ascertain then,…
2Cases cited2 opinions
- Harrison v. SterrySupreme Court of the United States · 1809
- Doolittle v. LewisNew York Court of Chancery · 1823
3Cited by11 opinions
- Hall v. . R. R.Supreme Court of North Carolina · 1907
- Lefebure v. BakerMontana Supreme Court · 1923
- Hall v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Morefield v. . HarrisSupreme Court of North Carolina · 1900
- Old Dominion Trust Co. v. First Nat. Bank of OxfordDistrict Court, E.D. North Carolina · 1918
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