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Excerpt from Monthly Reports of Cases Decided in the Court of Probate, and in the Court for Divorce and Matrimonial Causes, Commencing Michaelmas Term, 1859
Probate - Will under a Power - Domicil for Succession Domicil of Origin - French Law.
A will made in execution of a power is not an exception to the general rule, Which requires Wills to be duly executed in conformity with the law of domicil.
A man can have only one domicil for the purpose of succession. The domicil of origin is to prevail until he has not only acquired another, but has manifested and carried into effect an intention of abandoning his former domicil and taking another as his sole domicil.
The burden of proof is on the party alleging the abandonment of the domicil of origin.
Conversations and declarations, unless accompanying acts, are the lowest species of evidence of a change of domicil but they must not be discarded in weighing the evidence.
According to the evidence given with respect to the law of France, a will made by a person domiciled in France, during a temporary visit to a foreign country, in conformity with the law of that foreign country, is valid in France.
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