Russell v. Madden

Citations

• 95 Ill. 485
• 1880 Ill. LEXIS 204

Syllabus

<p>1. Descents—personal property—by what law governed. The succession to personal property is governed by the law of the actual domicil of the intestate at the time of his death, no matter what was the country of his birth, or his former domicil, or the actual situs of the property at the time of his death.</p> <p>2. Same—in the State of Sonora, Mexico. A citizen of the United States became domiciled in the State of Sonora, in the Republic of Mexico, and died there, intestate, leaving considerable property in that country, but leaving no child or children, or descendants of child or children him surviving. There were, however, brothers and sisters of the deceased, and his mother, who survived him. The law of the State of Sonora, in regard to the succession to estates, provides that “if there be only a father or mother living he or she shall succeed the child in the entire estate.” So it was held, the mother of the deceased, the father being dead, succeeded to the whole of his estate situate in the State of Sonora, to the exclusion of his brothers and sisters.</p> <p>3. Same—as to an acceptance of the inheritance. In a contest between different claimants to the succession to an estate situate in a foreign jurisdiction, no question can arise, as between the several claimants, in respect to an acceptance of the inheritance by the party seeking to recover the estate. That question can only arise between the party seeking the recovery and the officers having the custody of the estate in the foreign jurisdiction.</p> <p>4. Chancery—jurisdiction to determine the succession 1o an estate. Where a person has assumed to take possession of an estate under a claim of heirship, a court of chancery has jurisdiction, at the suit of another claimant, to inquire and determine as to the true succession, and to direct the proper distribution. It is one of the usual grounds of equity jurisdiction to discover and compel an account of funds wrongfully concealed and withheld from the real