Squire v. Vazquez

• Decision Date: 09 December 1935
• Docket Number: 24785.
• Parties: SQUIRE v. VAZQUEZ et al.
• Court: Georgia Court of Appeals

183 S.E. 127

52 Ga.App. 215

SQUIRE v. VAZQUEZ et al.

No. 24785.

Court of Appeals of Georgia, Second Division

December 9, 1935

Syllabus by Editorial Staff.

Intestate's personal property is distributable according to law of state or country of his domicile.

Claim to estate of illegitimate intestate consisting of personalty by illegitimate half-blood brothers by same father held not subject to demurrer by intestate's administrator on ground that, under Georgia law, only children of same mother can inherit from bastards, where claim alleged that intestate was domiciled in Puerto Rico at time of his death in Georgia and that inheritance laws of Puerto Rico entitled claimants to estate (Code 1933, §§ 113-904, 113-905).

Error from Superior Court, Richmond County; A. L. Franklin, Judge.

Claim by Julio Vazquez and others, to which E. B. Squire, as administrator of the estate of Genaro Vazquez, deceased filed a demurrer. To review a judgment overruling his demurrer, the administrator brings error.

Affirmed.

See also, 183 S.E. 126.

Abram Levy and Geo. Hains, Sol. Gen., both of Augusta, for plaintiff in error.

Sutherland Tuttle & Brennan, of Atlanta, for defendants in error.

Syllabus OPINION.

SUTTON Judge.

The sole question brought to this court for review under the bill of exceptions in this case is whether the judge properly overruled a demurrer filed by the administrator of the estate of Genaro Vazquez to a pleading filed by Julio, Felix, Enrique, and Rafael Vazquez, as next of kin and heirs of the said deceased, in which they alleged that they were entitled to inherit the personal estate left by Genaro Vazquez. The grounds of the demurrer were that no case was made out by the pleading, and that under the laws of Georgia (Civ. Code 1910, §§ 3029, 3030; Code 1933, §§ 113-904, 113-905) "only children of the same mother can inherit from a bastard." Held:

1. It is the law of every country where law has the semblance of science that personal property has no locality. If the owner of personal property dies, it is not necessarily the law of the country in which the property is or in which the owner thereof dies, but the law of the country or state of the domicile of the deceased, that will regulate the disposition, transmission, or succession of such property. It is a part of the law prevailing in Georgia that personal property should be distributed according to the jus domicilii. Latine v. Clements, 3 Ga. 426, 432; Grote v. Pace, 71 Ga. 231, 237; 1 H.Bla. 690; Story's Conf.L. §§ 376-380. Cf. Code of 1933, §§ 113-904, 113-905.

2. Accordingly, the trial judge did not err in overruling the demurrer of the administrator to the pleading filed in this case, in...