[Download] "Matter Estate Sam W. Brunner" by Court of Appeals of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Estate Sam W. Brunner
- Author : Court of Appeals of New York
- Release Date : January 22, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
[41 N.Y.2d 917 Page 918] Memorandum. The testator was once domiciled in New York, but since he had moved to France, and died there, the question is whether France was his domicile at the time of death. SCPA 103 (subd 15) defines domicile as A fixed, permanent and principal home to which a person wherever temporarily located always intends to return. It has been noted that this statute codifies case law under which a domicile is a place which the testator intends to make his home indefinitely (see Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 58A, SCPA 103, p 21). This is generally a mixed question of fact and law. Indeed it has been said that it is a question of fact rather than law, and it frequently depends upon a variety of circumstances, which differ as widely as the peculiarities of individuals (Matter of Newcomb, 192 NY 238, 250).