A QUESTION OF DOMICILE.

Evening Post, Volume LXXI, Issue 136, 9 June 1906, Page 2

A QUESTION OF DOMICILE.

IHY XELEOBiPn. — PRKR3 ASSOCIATION.) DUNEDIN, Bth June. Mr. Justice Cooper had before .him in Banco the case of Sim v. Ml/sod and another, dealing with the question of succession to property, being the first case of its kina in 'the colony. From the facts set.. out ih argument it appeared that some land belonging to David Ross was settled by him by trust deed, which directed the trustees to sell the land at his rsquest, or the request of his' daughter, during their lifetime, or after their death, nt the discretion of the trustees, and to invest the proceeds to pay an income to Ross during his lifetime, and after his death to his daughter, Jessie Ross, during her life, and after her death to her representatives. The land was never sold. Ross died about two years ago, and his diiughter, domiciled in Scotland, died intestate shortly after. According to the law of New Zealand, the proceeds of the l»nd would be dirid«et equally amotfffst Mirs Ross's three aunts, the Wo maternal aunts sharing with 'the paternal aimt. Under the law oi Scotland the paternal aunt would take Use whole. Mr. Justice- Cooper, in the course of his judgment, said the property was vested in Miss Ross upon her father's death, and when she died she died poseessed of it as money, and although it was in fact situated in New Zealand, it was a movablo chattel, and its distribution became subject to the lex domicitii. Under these circumstances, Miss Ross being domiciled in Scotland, the paternal aunt, Mrs. M'Gregor, was solely entitled to it, and an order would be made accordingly that she "was entitled to the whob fund.