Estate of Samuel

Citations

• 1 Myrick 228

Syllabus

<p>Jurisdiction.—Residence inferred from the acts of decedent. His conflicting ASSERTIONS AS TO HIS INTENT.</p> <p>Decedent, who died in this city and county, had a farm at Livermore; but for certain secondary objects, had his name enrolled on the Great Register here, and voted here; also, became member of a lodge, wherein residence here was essential; and he made declarations to that effect. Sometimes, he spoke of Livermore as his home; sometimes, of San Francisco. There were reasons for the Court to believe that his declarations as to his residence in San Francisco were not sincere; and that his entry on the Great Register was a fraud by him.</p> <p>Held, that Alameda County was his residence; and that proceedings here should be vacated.</p> <p>Construing sections, Pol. C., 52; C. C. P., 1294.</p>