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Domicil of infants, after the death of a father, follows that of the
mother, 196.

has a minor born in Scotland the power to change his domicil
after the years of pupillarity? 201.

circumstances fixing the domicil of a Scotch landed gentleman
in England, 203.

in the Isle of Man, regulates personal succession in Scotland,
208.

― can a person so exuere patriam, as to make his testamentary
acts subject to the law of a foreign country? 290.

rules personal succession generally; yet controlled by the
custom of London, in regard to a freeman, 310.

the title of the executor or administrator must be made up in
the courts of the lex loci, ibid.

these courts prefer those having right by the law of the domicil,
311.

Eldon, Lord, his judgment in Lashley v. Hog, 414.

Election, did not apply to a Scotch legatee under an Indian will,
taking a legacy, and also the real estate of the testator as heir-at-
law, 216.

an English will purporting to devise the testator's real estate in
Scotland, put the heir at law, who was also a legatee, to her
election, 217.

in an English will, a testator devised a real estate in St. Kitt's
to his son and heir, and a real estate in Scotland to his wife, the
heir put to his election, 219.

but the heirs were not put to their election, where the words
interpreted by the law of the domicil did not import a devise of
real estate in Scotland, ibid.

Erskine, when he wrote, the law of international succession not fixed
in its details, 84.

Erskine, Lord, his views as to the inconvenient state of the law of
personal succession in Scotland, 150.

Executor or administrator must be invested by the courts of the lex
loci rei sitæ, 113.

Extra territorial force of laws, depends on comity, 77.

Exuere patriam, right of English subjects in regard to, 290.

Foreign jurists long familiar with questions of international law, 73.
the causes of this, ibid.

Funds, British, property in, transmissible as personal estate, 132.

Grant, Sir William, his decision in the case of a mother changing
the domicil of her children, 199.

his views on several cases of the conflict of laws, 217. 219.
Guardians, can they change the domicil of their ward? 201.
Guernsey, law of, very intricate as to real and personal succession,

Hardwicke, Lord, his clear views in regard to international succes-
sion, 108. 110.

his views on international bankruptcy, 232.
Heineccius, 76.

Henry, (Demerara case,) the first English writer on the statutes of the
foreign jurists, ibid.

Heritable bond in Scotland, granted by one domiciled in England
to be paid by the heir without relief, 209.

Hertius opposed to Huber's axioms of international law, 77.

Huber, his reason why the corpus juris is silent as to international
law, 73.

his axioms in regard to international law, 77.

have obtained in our courts, 78.

his opinions as to the succession in moveable and immoveable
property, 79.

Illegitimate child cannot make a will effectual in Scotland, 85°
See Bastard.

Immoveable property regulated by the lex loci, 78.

opinions of foreign jurists thereon, ibid.

Infants, domicil of, follows that of a surviving mother, 196.
International law, questions of, of recent occurrence in the British
courts, 73.

corpus juris, silent in regard to, ibid.

never treated of at large in Britain, 75.

Justinian, novel. 118., regulating the succession of descendants, as-
cendants, and collaterals, 70.

Kent, his commentaries on American law, 76.

is against the introduction of the word statute in its foreign
sense, 80.

Kilkerran, Lord, his views as to international bankruptcy, 233.

Law of nations, not known to the Romans, 73.

accounted for by Huber, ibid.

has grown up in modern times, 74.

Legitim cannot be disappointed by transfer of stock where the father
received the dividends, 140.

or where transferred in confidence to an eldest son to be laid out
in land, ibid.

partial payments to a child to be deducted from his share, ibid.
Lex loci rei sitæ, traces of in the Digest, 74.

executor or administrator must be invested, by the courts of the,

113.

Lord Loughborough considered operation of, susceptible of
much argument, if question open, 162.

ecclesiastical courts inclined to favour, 180.

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Lex loci rei sita, decides what is to be held real, what personal estate,
222.

regulates as to the titles to be made up in the ecclesiastical courts,
247.

Livermore, an American jurist, on the contrariety of laws, 76.

opposed to the doctrine of comity as giving force to international
law, 78.

Locality of bank stock asserted by some writers, 84, 85.

Loughborough, Lord, dictum of his as to the lex loci rei sita, 162.
Lunacy, do the powers of an English committee of a lunatic extend
to Scotland? 113.

conflicting decisions and practice on this subject, 115.

held in America that the powers of the guardians of lunatics
are strictly local, 116.

does local residence affect the domicil of a lunatic? 163.

Marriage, parties domiciled in England marry there; after a change
of domicil to Scotland, the law of Scotland regulates their succes-
sion, 140.

Matrimonial domicil, effect of, 147.

Mixed statutes of the foreign jurists, what, 76.

Monboddo, Lord, views as to international succession and bankruptcy
when he wrote, 233.

Mother, a widow may change the domicil of her infant children, 196.
Moveable property succession in, regulated by the law of the domicil,
78 opinions of foreign jurists on, ibid.

Nisbet expresses doubts if mobilia have any situs, 81.

his quotation from Heringius expresses the opinions of the
foreign jurists, as to succession in immoveable and moveable pro-
perty, with accuracy and brevity, 82.

Nuncupative will made and proved in England, held not to be effec-
tual in Scotland, 90.

Personal property governed by the law of the domicil, 78.

Pothier, his opinions as to the succession in moveable and immoveable
property, 79.

considered that the public securities of a country are to be
governed, as to succession, by the law of that country, 85.
Probates and administrations, when administration claimed in England
in a case of disputed domicil, by a maternal grandfather, and
also by an uncle and aunt, next of kin by the law of Scotland, the
grandfather, having right by the lex loci, preferred, 275.

probate granted in England binds the judge granting probate
in Jamaica, 277.

but an administration granted to a creditor in England does not
bind the judge in the plantations, 279.

an administration granted to a widow in England, opposed by
sisters in Jamaica, binds the judge in that country, 279.

BG

Probates and administrations, a probate of the will of a Scotsman
granted in the consistory court of London is effectual in regard to
the British funds, 280.

where a will of a Scotsman was invalid as to one half of the per-
sonal estate, probate of the whole was granted in England to the
executor (sed qu. ?), 280.

on a dispute as to the validity of a will, grant of probate sus-
pended till decided by the proper courts, 283.

where a will of a Scotch testator was held valid by the courts in
Scotland, probate of it was granted in England, ibid.

but the House of Lords having reversed the judgment of the
Scotch courts, probate was recalled, 284.

administration of the goods of a foreigner granted to the person
having right by the law of his own country, 285.

where there was a conflict of laws as to the validity of a will,
executed by a native of England domiciled in France, probate of
the will granted in England, 287.

but the same will was rejected in France, ibid.

probate of a will granted in England, according to a previous
grant in India, 293.

but in another case the court in England refused probate to the
person who had obtained probate in India, but granted administra-
tion to her, 294.

granted to a Spanish subject, of the will made by a feme covert
domiciled in Spain, 295.

a will executed by a British-born subject in Portugal, where he
was domiciled, if invalid by the Portuguese law, not admitted to
probate in England, 297.

administration granted to a person having the beneficial interest
under a French will, though an executor named in such will, 304.
Puberty, age of, by the civil law, 311.

Real property governed by the lex loci rei sitæ, 78.

Ryder, Sir Dudley, an opinion of his said to have led into mistakes
in Scotland, 102.

Scotland, peer of, under certain circumstances held to be domiciled in
England, 162.

under other circumstances held to be domiciled in Scotland,
168.

Sovereignty of a nation over its own subjects, within its own territory,
77.

Stair, the rules of international succession not fixed when he wrote,
83.

Statutes of foreign jurists, real, personal, and mixed, 75.

their effect and operation, 76.

diversity of opinions in regard to, ibid.

rarely matter of inquiry in the British courts, 77.

Stewart, Sir James, of opinion that mobilia sequuntur personam, 82.

Stewart, Sir James, his view as to the effect in Scotland of an English
nuncupative will, 82.

Story, Dr., an American jurist, on the conflict of laws, 77.

subject treated by him in a way hitherto unknown in our
common language, ibid.

Stowell, Lord, alike respected at home and by foreign nations, 274.
Subjects, their obligations in regard to the laws of their country, 77.
Succession, rules of, widely different in England and Scotland, 2.
meaning of the term in the civil law, 4.

conflicting opinions of the institutional writers in Scotland as
to international succession, 83.

courts in Scotland formerly held it to be regulated by the lex loci
rei sitæ, 87, 88. 91. 97. 101.

the practice appears to have originated in a misapprehension
of the rule in England, 102.

of a freeman of London regulated by the custom, not by the
lex loci rei sitæ, 105.

nor by the domicil, ibid.

of an honorary freeman of London regulated by the custom,
107.

a debt in London due to a person dying domiciled in Jersey,
regulated by the law of Jersey, 108.

residue of personal estate in Scotland, belonging to a per-
son domiciled in England, distributable by the law of the do-
micil, 109.

of a legacy payable in England to a person domiciled in
Scotland, subject to the law of the domicil, 116.

now settled in both countries, that the law of the domicil
regulates, 118.

in the case of an Indian domicil the law of England regulates,

122.

Table of degrees of kindred by the civil and canon laws, 331.
Talbot, Lord, his views of international bankruptcy, 231.
Territory, force of the laws of a nation out of its, 77.

this depends upon comity, ibid.

Thurlow; Lord, his judgment in the leading case of Bruce v. Bruce,

121.

Vattel, his opinion as to the succession in immoveable and move-
able property, 79.

Voet, John, his opinion as to the succession in immoveable and
moveable property, 78.

Voet, Paul, his definition of a statute, 75.

his opinion as to the succession in immoveable and moveable
property, 78.

Widow may change domicil of her infant children, 196.

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