Divorce problems of to-day / by E.S.P. Haynes.

  • E. S. P. Haynes
Date:
1912
Catalogue details

Licence: In copyright

Credit: Divorce problems of to-day / by E.S.P. Haynes. Source: Wellcome Collection.

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    one country, and part of the year in another, and his domicil is difficult enough to determine in that case. Again, an Englishman may live for years in a foreign country with the intention of returning to England, yet die there. In this case, owing to his intention, his domicil is held to be English. A man’s habits and intentions may be disputed about with great ease for years after his death without any very clear result being obtained. The test of nationality is obviously more certain than that of domicil. The question of domicil is closely bound up with succession to English land under a will or settlement, and I will give three examples by way of illustration. Example 1.—English land is devised by will “to the eldest son of Mr. John Smith,” whom I will call William Smith. Mr. John Smith died domiciled in a colony which permitted legiti- mation by subsequent marriage, and William Smith is the eldest son of the family thus legitimated. To take the land under the will William Smith has to prove to the English Courts (1) that his father died domiciled in the Colony, and (2) that the law of the Colony permits legiti- mation by subsequent marriage. The proof of domicil usually involves either (a) taking evidence in the Colony on commission, or (6) bringing Colonial witnesses to England.
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