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JUDICIAL COMMITTEE OF
HIS MAJESTY'S PRIVY COUNCIL
AND OF THE
HOUSE OF LORDS
[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
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.