York, custom of the province of, unlimited power of disposing of per- power extended to the city of York, 2 and 3 Ann. c. 5., 47. was the Scottish law of succession borrowed from? 68. ·legislature had a view to the lex loci rei sitæ, when giving power - rules of succession under the custom, 337. take place only in a case of intestacy actual or legal, 338. if an executor be appointed he must distribute residue under the only takes place in regard to the widow and children of an in- the dead man's part, what, 340. distributable solely under the statute, ibid. widow entitled to her apparel, furniture of her bed-chamber, children and their descendants (but excluding the heir) take the child, being the heir, is barred from any filial portion, 343., advancement, whether of real or personal estate, bars a child of if a widow, and an only child, being the heir, the division is bi- if all the children be fully advanced, the division is bipartite a child of full age, may, for a valuable consideration, release the grandchildren or remoter descendants take no customary share, ibid. vesting of every share takes place on the death of the intestate,. 4.94 III. INDEX RELATIVE TO MATTERS OF INTERNATIONAL LAW. ADMINISTRATION obtained in England held to be a title to sue in a domiciled Scotchwoman had money in the British funds; the share of a married daughter, in this case, passed to the stock in the British funds belonging to a party residing in a similar decision in another case, 270. in the case of a Portuguese subject, granted in England to of the goods of a French testator, granted in England to the Administrator. See Executor. American States, diversity of laws in, 76. their writers familiar with doctrines of international law, ibid. Arden, Master of the Rolls, recommended an assimilation of the Assets, domestic, how affected by foreign probates and administra- Baldus, a distinguished civilian, 76. Bankruptcy, foreign, assignees under an English bankruptcy release English lawyers did not at first admit the comity due to a the lawyers in Scotland also rejected this, 233. INDEX OF MATTERS OF INTERNATIONAL LAW. 495 Bankruptcy, settled by a train of decisions in England and Ireland to the same thing decided in the courts of Scotland, 236. assignees of an English bankrupt entitled to recover from an foreign trustees entitled to recover from attaching creditors in where creditors had attached the effects abroad and brought assignees of, preferred by the Scotch courts to an English at- one who had obtained a certificate in Maryland could not be assignees of an American bankrupt preferred to an arresting assignees of an English bankrupt preferred to a Scotch creditor where a commission in England and a sequestration in Scot- effects of in England and Scotland not entirely reciprocal, 241. they prefer the American attaching creditor to the foreign Bank stock, Scotch writers formerly held to be regulated by the lex a similar view taken by Pothier, 85. Bankton had erroneous views of the law of international succession, Bartholus, a distinguished civilian, 76. Bastard dying in England, his goods in Scotland held to have be- his will made in England, held not to be good in Scotland, does a person born out of wedlock in Scotland, but legitimated Bonds heritable in Scotland, granted by one domiciled in England, Bynkershock, his opinions on the succession in moveable and immove- Canon law regulated matters of personal succession, 8. Capacity of persons to make a will, changed on change of domicil, Comity of nations, in questions of conflict of laws, 77. difficulty in deciding cases of, 75. governed by comity, ibid. general maxims of, 77. the heir of the real estate in Scotland not obliged to collate the heritable bond in Scotland granted by one domiciled in Eng- the personal representatives in England were to be relieved by where an English testator gave by his will, inter alia, a real the heir taking a real estate in Jamaica, held not to be entitled under a testamentary instrument executed in Scotland, but not by a trust disposition in Scotland a party conveyed his whole Corpus juris silent in regard to international law, 73. the Roman empire under one body of laws, ibid. but traces of the lex loci to be found in some cases, 74. Degrees of kindred, different ways of computing these by the civil Denisart, his opinions as to the succession in moveable and immove- Domicil, law of the, regulates the succession in personal estate, 1. a person in the service of the East India Company acquires an an intention to return to his native country does not alter 123. soldiers, ambassadors, &c., do not lose their domicils of origin, law of the, regulates the personal succession in England of a a Scotsman marries in England, and after a long residence re- turns to Scotland, his wife and children acquire the rights given a native of Scotland having resided fifteen years in Jamaica, circumstances on which the domicil of a British admiral, by if in England, succession regulated by English law, 162. of a peer of Scotland, held under certain circumstances to be in is it affected by residence, during the lunacy of the party? a native of Scotland having acquired a domicil in the West of a peer of Scotland, who lived half the year in England, half though two acknowledged domicils, there can be only one for succession to be regulated by the law of the country where places of birth or of death, or situation of property, do not re- · forum originis to prevail, until another domicil be acquired, arises from birth and connexions, ibid. one in pupillarity, and not sui juris, cannot change his domicil, ibid. not changed by one in a military profession, ibid. where two domicils, lex loci rei sita of no effect, 176. presumption as to a nobleman's domicil being in the country, of a mercantile man in town, ibid. money in the funds, not to preponderate against a family-seat, case of two equal domicils, how to be decided, 180. of a seafaring man, fixed by various circumstances to domicil a domicil in India not lost, where a person had returned to in British India, in legal effect, same as a domicil in the pro- will to be construed by the law of the, not of the place where the courts of, have the right to interpret a testator's will, 193. |