Legal Opinion

Leach v. Pillsbury

Superior Court of New Hampshire

Decided July 15, 1844PublishedCited by 3 opinions

Foreign Attachment. Tbe following facts appeared from tbe disclosure of tbe trustee. In tbe year 1834, Timothy A. Pillsbury went from this State to New-Orleans, where be resided until his death, in the month of September, 1837. He was a brother of the trustee, and a son of the defendant. At the time of his death he was about twenty-six years of age, and was in tbe employ of a mercantile firm in New-Orleans.

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Foreign Attachment. Tbe following facts appeared from tbe disclosure of tbe trustee. In tbe year 1834, Timothy A. Pillsbury went from this State to New-Orleans, where be resided until his death, in the month of September, 1837. He was a brother of the trustee, and a son of the defendant. At the time of his death he was about twenty-six years of age, and was in tbe employ of a mercantile firm in New-Orleans. On various occasions before Ms death, he had expressed his intention to reside permanently in New-Orleans, and expected to become a member of the mercantile house by whom he was employed.…

1Opinion of the CourtGilchrist, J.

As Timothy A. Pillsbury died intestate, after • arriving at the age of twenty-one years, without having descendants, his father, the defendant in this case, who survived him, would, by our laws, inherit his estate. N. H. Laws 352, (Ed. of 1830.)

There is sufficient evidence that the actual domicil of the deceased was in New-Orleans at the time of his death. He was over twenty-one years of age when he went there. He lived there three years, and repeatedly declared that he should mate that the place of his permanent residence. There was the fact of residence, and also the intent, and the…

2Cases cited2 opinions

  1. Goodall v. MarshallSuperior Court of New Hampshire · 1840
  2. Pickering v. ColemanSuperior Court of New Hampshire · 1841

3Cited by3 opinions

  1. Commissioner of Internal Revenue v. HydeCourt of Appeals for the Second Circuit · 1936
  2. Emery v. BerrySuperior Court of New Hampshire · 1854
  3. Caroline Casey & a. v. New Hampshire Secretary of State & a.Supreme Court of New Hampshire · 2020

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