Hayes v. Hayes

Citations

• 74 Ill. 312

Syllabus

<p>1. Domicile — defined. In a strict legal sense, the domicile of a person is he has his true, fixed, permanent home and principal establishment} an(* which, whenever he is absent, he has the intention of returning. Actual residence is not indispensable to retain a domicile after it is once acquired, but is retained by the mere intention not to change it and adopt another.</p> <p>2. Same — what necessary to a change. To effect a change of domicile there must be an actual abandonment of the first, coupled with an intention not to return to it, and there must be a new one acquired, with actual residence in another jurisdiction, coupled with the intention of making the last acquired residence a permanent home.</p> <p>3 A domicile in this State, within the meaning of the statute respecting the descent and distribution of personal property, is not lost or changed by the party residing in another State owing to domestic troubles, and by his voting in such other State when its laws authorize him to vote on a residence of six months, or by his purchasing property on speculation in such State, when there is no intention of making a final home there.</p>