Exception. The domicile of a minor does not change with that of his parent, if the minor is married1 or holds any office or employment in the service of Her Majesty, or has set up, with the consent of the parent, in any distinct business 2. 15. By marriage a woman acquires the domicile of her Domicile husband, if she had not the same domicile before. 16. The wife's domicile during the marriage follows the domicile of her husband. Exception. The wife's domicile no longer follows that of her husband if they be separated by the sentence of a competent Court, or if the husband is undergoing a sentence of transportation 5. acquired on mar riage. Wife's domicile during marriage. 17. Except in the cases above provided for, a person cannot Minor canduring minority acquire a new domicile. not acquire a new domicile. 18. An insane person cannot acquire a new domicile in any Lunatic's other way than by his domicile following the domicile of acquisition another person. of new domicile. to move 19. If a man dies leaving moveable property in British Succession India, in the absence of proof of any domicile elsewhere, able prosuccession to the property is regulated by the law of British perty in India. 1 For on marriage he founds, as a rule, a separate establishment, and is treated, in respect of domicile, as sui juris. Then he becomes emancipated and capable of acquiring a domicile of his own. And by remarriage she acquires the domicile of her second husband, Phillimore, The Law of Domicile, p. 27. 4 A sentence of divorce a mensa et thoro or one of judicial separation is sufficient, Dolphin v. Robins, 7 H. L. India, in absence of proof of Ca. 416. Not so mere living apart domicile 5 Or runs away from his creditors to 6 e. g. his father, his committee (Phill. Domicile, 55), or (if the lunatic be a married woman) her husband. 7 Sec. 3, cl. I. Consan guinity defined. Lineal con PART III. OF CONSANGUINITY 1. 20. Kindred or consanguinity is the connexion or relation of persons descended from the same stock or common ancestor. 21. Lineal consanguinity is that which subsists between sanguinity. two persons, one of whom is descended in a direct line from the other, as between a man and his father, grandfather, and great-grandfather, and so upwards in the direct ascending line; or between a man, his son, grandson, great-grandson, and so downwards in the direct ascending line. Every generation constitutes a degree, either ascending or descending. A man's father is related to him in the first degree, and so likewise is his son; his grandfather and grandson in the second degree; his great-grandfather and great-grandson in the third. Collateral 22. Collateral consanguinity is that which subsists between consangui- two persons who are descended from the same stock or nity. ancestor, but neither of whom is descended in a direct line from the other. For the purpose of ascertaining in what degree of kindred any collateral relative stands to a person deceased, it is proper to reckon upwards from the person deceased to the common stock, and then downwards to the collateral relative, allowing a degree for each person, both ascending and descending. Persons held for purpose of 23. For the purpose of succession, there is no distinction between those who are related to a person deceased through succession his father and those who are related to him through his mother; nor between those who are related to him by the to be simi larly re 1 This Part does not apply to Pársís (Act XXI of 1865, sec. 8), nor to Hindus, etc., Act XXI of 1870, supra, p. 313. full blood, and those who are related to him by the half lated to the blood; nor between those who were actually born in his life- deceased. time, and those who at the date of his death were only conceived in the womb, but who have been subsequently born alive. computing kindred. 24. In the annexed table of kindred the degrees are com- Mode of puted as far as the sixth, and are marked by numeral figures. degrees of The person whose relatives are to be reckoned, and his cousin-german, or first cousin, are, as shown in the table, related in the fourth degree; there being one degree of ascent to the father, and another to the common ancestor the grandfather; and from him one of descent to the uncle, and another to the cousin-german; making in all four degrees. A grandson of the brother and a son of the uncle, i. e. a great-nephew and a cousin-german, are in equal degree, being each four degrees removed. A grandson of a cousin-german is in the same degree as the grandson of a great-uncle, for they are both in the sixth degree of kindred 1. 'As to the meaning in a will of the terms 'cousin,'' first cousin,' 'cousingerman,' and second cousin,' see sec. 86, infra. They would probably have PART IV. OF INTESTACY1. 25. A man is considered to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect 2. Illustrations. (a) A has left no Will. He has died intestate in respect of the whole of his property. (b) A has left a Will, whereby he has appointed B his executor; but the Will contains no other provisions. A has died intestate in respect of the distribution of his property3. (c) A has bequeathed his whole property for an illegal purpose. A has died intestate in respect of the distribution of his property. (d) A has bequeathed 1,000l. to B, and 1,000l. to the eldest son of C, and has made no other bequest; and has died leaving the sum of 2,000l. and no other property. C died before A without having ever had a son. A has died intestate in respect of the distribution of 1,000l. As to what ceased property a person is considered to have died intestate. of such property. 26. Such property devolves upon the wife or husband, or Devolution upon those who are of the kindred of the deceased, in the order and according to the rules herein prescribed. Explanation.-The widow is not entitled to the provision. hereby made for her, if by a valid contract made before her marriage she has been excluded from her distributive share of her husband's estate *. This Part does not apply to Hindús etc., Act XXI of 1870, supra, P. 313. This section applies to Pársís; but the rest of Part V does not do so. The appointment of B as executor does not operate as a testamentary disposition in his favour of any part of the testator's property. This has been the law in India since 1 Jan. 1842, Act XXIV of 1841 = the Stat. 11 Geo. IV & 1 Will. IV, c. 40. So in England the widow's title under the Statute of Distributions may be barred by an antenuptial settlement excluding her from her distributive share of her husband's estate; and even in the case of a female infant she may be barred of her right by such a settlement if made with the approbation of her parents and guardians. |