Jahier v. Rascoe

Citations

• 62 Miss. 699

Syllabus

<p>1. Estate of Decedent. Domicile in foreign State. Choses in action here. Lam of distribution.</p> <p>Where choses in action are held by an agent in this State for the owner domiciled in a foreign State, in such circumstances as to indicate that the same were taken in the course of a business of lending money in this State, they will be treated, upon the death of the owner at his domicile, as “ personal property situated in this State ” and subject to our statute of distributions, as provided in $ 1270 of the Code of 1880. Speed v. Kelly, 59 Miss. 47, distinguished.</p> <p>2. Same. Death in foreign State. Distribution of choses in action held, here. Case in judgment.</p> <p>C., formerly of this State, resided with her husband, who was domiciled in Italy from the time of her marriage, in 1877, to the date of her death, in 1882. During that period R., a resident of this State, as her agent, lent and collected and re-lent in this State all of her money, taking promissory notes for loans made. He collected interest on the notes, paid taxes on them out of such interest, and remitted the balance thereof to C. The notes were retained by R., and no part of the principal of her money was ever sent to or called for by C. She died in Italy intestate, and R. took out letters of administration in this State upon her estate here, consisting of the notes held by him for her. The question presented is whether the estate is to be distributed as “personal property situated in this State,” under $ 1270 of the Code of 1880, or in pursuance of the law of Italy. Held, that our statute of distributions governs in this case.</p>