Legal Opinion

Noonan v. Kemp

Court of Appeals of Maryland

Decided February 15, 1871PublishedCited by 8 opinions

Appeal from the Circuit Court for Frederick County, in Equity. David Kemp, late of Frederick county, in this State, bequeathed to his daughter, Mary Ellen Noonan, then wife of the appellant, and residing with him in the State of Kentucky, certain distributive portions of his personal estate. The testator appointed the appellees, David C. Kemp and E. Louis Cramer, his executors, and died soon after the date of his will.

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Appeal from the Circuit Court for Frederick County, in Equity. David Kemp, late of Frederick county, in this State, bequeathed to his daughter, Mary Ellen Noonan, then wife of the appellant, and residing with him in the State of Kentucky, certain distributive portions of his personal estate. The testator appointed the appellees, David C. Kemp and E. Louis Cramer, his executors, and died soon after the date of his will. Mrs. Noonan survived her father, and died intestate in the State of Kentucky, leaving the appellant, her husband, and two children surviving her. No distribution of the…

1Opinion of the CourtRobinson, J.

If there be a principle of international law settled beyond dispute, it is that the succession to personalty is governed and regulated by the law of the domicil, and in the absence of a marriage contract, the laAv of the matrimonial domicil governs as to all the rights of the parties to their present property in that place, and as to all personal property wherever it may be situate.

“ It has,” says Chancellor Kent, “ become a settled principle of international jurisprudence, and one founded in a comprehensive and enlightened sense of public policy and convenience, that the disposition,…

2Cases cited3 opinions

  1. De Sobry v. de LaistreCourt of Appeals of Maryland · 1806
  2. Smith v. McAteeCourt of Appeals of Maryland · 1867
  3. Newcomer v. OremCourt of Appeals of Maryland · 1852

3Cited by8 opinions

  1. Lee v. BelknapCourt of Appeals of Kentucky · 1915
  2. Craig v. CraigCourt of Appeals of Maryland · 1922
  3. Harrison v. PrenticeCourt of Appeals of Maryland · 1944
  4. Lowndes v. CoochCourt of Appeals of Maryland · 1898
  5. O'Connor v. O'ConnorCalifornia Supreme Court · 1933

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