Goldy v. Duncan

Citations

• 120 Cal. 634
• 53 P. 30
• 1898 Cal. LEXIS 824

Syllabus

<p>Estates of Deceased Persons—Contest for Letters of Administration— Residence—Husband and Wife—Finding.—Hpon a contest for letters-of administration between the public administrator and a niece of the decedent, who was next of kin, where it appeared that she and her husband formerly resided in this state, but some five years previously had gone to an eastern state, taking all their property with them, with the intention of remaining there for an indefinite time, as it. place of present domicile, notwithstanding a floating intention to return to this state at some future time, the facts show a loss of their residence in California; and the residence of the husband being the residence of the wife, and it appearing that she returned to this state for the purpose of administering upon the estate of the -decedent, leaving her husband at their home in the east, who came on as a witness the day before the trial, a finding that she was not a bona fide resident of this state when her petition was filed nor at the time of trial of the contest for letters, is sustained by the evidence, notwithstanding the declaration of the husband and wife that they always considered California as their home.</p> <p>In.—Bona Fide Residence—Mixed Question of Law and Fact—Code Provisions.—The question whether a person is a bona fide resident of the state or not is a mixed question of law and fact, to be determined by the court, upon the principles of law relating to residence and non-residence embodied in sections 52 and 1239 of the Political Code, which are to be construed together as parts of the same statute.</p>