Page images
PDF
EPUB
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small]

THE LAW JOURNAL REPORTS, 119 CHANCERY LANE, LONDON.

[merged small][ocr errors]

DECISIONS

OF THE

JUDICIAL COMMITTEE OF

HIS MAJESTY'S PRIVY COUNCIL

AND OF THE

HOUSE OF LORDS
IN SCOTCH AND IRISH APPEALS.

AND ANOTHER

[IN THE HOUSE OF LORDS.]

Decision of the COURT OF SESSION HUNTLY (MARCHIONESS) (Brooks v: Brooks's Trustees), 4 Fraser, 1905.

1014, affirmed. Dec. 12, 13, 14. v. GASKELL AND

OTHERS.*

Appeal from the decision of the First

Division of the Court of Session (the late Domicil— Abandonment of Domicil of Lord President (Lord Kinross) and Lords Origin-Evidence.

Adam, McLaren, and Kinnear) dated

July 15, 1902, which adhered' to the In the acquisition of a new domicil interlocutor pronounced by the Lord more is required than a mere change of Ordinary (Lord Low). The question was residence ; there must be proved a fixed whether Sir William Cunliffe Brooks, who intention to renounce birthright in the died in 1900 possessed of large personal place of original domicil and to adopt the

estate and also of considerable real estate political and municipal status involved by

both in England and Scotland, was a permanent residence of choice elsewhere

domiciled Scotsman or Englishman at than in the domicil of origin.

the time of his death. Lady Huntly, A testator who was born in England, who was his daughter, and ber husband where, for many years, to the time of his

were pursuers in the action and claimed death, he had large business interests, and

that he was domiciled in Scotland, and houses and estates, each of which he

that, notwithstanding the testator's will, occasionally visited, who had satisfied nim

she was entitled in the name of legitim to self by enquiries of his lawyer that he was

one-half of one-third of the net amount still an Englishman, and had executed

of his personal estate. testamentary dispositions both in Scottish

The following statement is from the and English form, -Held, not to have judgment of the Lord President: abandoned his English domicil simply by "The most important question in this reason of his having described his Scottish

case is whether the late Sir William Cunresidence as his home," and of having liffe Brooks had, at the date of his death lived the greater part of each year for on June 9, 1900, acquired a domicil of thirty years in Scotland,

choice in Scotland, or whether he at that * Coram, Earl of Halsbury, Lord Robertson,

date retained his domicil of origin in and Lord Lindley.

England. There is also a question as to VOL. 75.-P.C.

B

« EelmineJätka »