Bonati v. . Welsch
New York Court of Appeals
Appeal from the Supreme Court. Action by a widow residing in France, against the executors and legatees of her deceased husband, to recover the value of certain real estate inherited by her, which was sold with her assent and the-proceeds received by her husband while she was living and domiciled with him. in France.
Read the full summary
Appeal from the Supreme Court. Action by a widow residing in France, against the executors and legatees of her deceased husband, to recover the value of certain real estate inherited by her, which was sold with her assent and the-proceeds received by her husband while she was living and domiciled with him. in France. Upon the trial these facts were proved and found: On the 23d day of January, 1823, the plaintiff married at Severne, in France, Maximilian Bonati, and continued his wife until he died in 1849. The plaintiff was born in France, and the husband in Germany, and both were domiciled…
1DissentMason, J.
(Dissenting.) It is only necessary to state a few familiar and well settled principles of law to show that the judgment of the court below is erroneous, and should be reversed.
The universal doctrine now recognized by the common law .is, that the succession to the personal property is governed exclusively by the law of the actual domicil of the intestate at the time of his death. (Bempde v. Johnstone, 8 Ves., 198; Story’s Conflict of Laws, § 481; Harvey v. Richards, 1 Mas., 418; Holmes v. Remsen, 4 Johns. Ch., 460; 20 J. R., 229; De Couch v. Savatier, 8 Johns. Ch., 190, 211; Shultz v. Pulver,…
2Cases cited9 opinions
- Harrison v. NixonSupreme Court of the United States · 1835
- Harvey v. RichardsU.S. Circuit Court for the District of Massachusetts · 1818
- Desesbats v. BerquierSupreme Court of Pennsylvania · 1808
- Dixon's Executors v. Ramsay's ExecutorsSupreme Court of the United States · 1806
- Holmes v. RemsenNew York Court of Chancery · 1820
4 more not listed; retrieve them via the Exa API.