Squire v. Vazquez

• Decision Date: 27 February 1936
• Docket Number: 24787.
• Citation: 184 S.E. 629,52 Ga.App. 712
• Parties: SQUIRE v. VAZQUEZ et al.
• Court: Georgia Court of Appeals

184 S.E. 629

52 Ga.App. 712

SQUIRE v. VAZQUEZ et al.

No. 24787.

Court of Appeals of Georgia, Second Division

February 27, 1936

Syllabus bye Editorial Staff.

Location of one's domicile is question of fact.

Allegation of petition locating person's domicile at named place is sufficient to withstand general demurrer, where not contradicted by facts stated in petition.

Child's domicile is that of parents at time of child's birth until changed by change of domicile of parent or parents before child reaches majority or by change in child's dwelling place.

Allegation in petition that decedent was domiciled in Puerto Rico at his death held not generally demurrable, where petition alleged that decedent's parents were domiciled in Puerto Rico at time of decedent's birth and that decedent there resided until date of his enlistment in army after reaching his majority, and petition disclosed no facts showing that decedent's domicile was changed before his death.

Person's domicile is not changed by his enlistment in army and transfer or assignment by military order to another jurisdiction, or by his transference by legal order to hospital for insane located in another jurisdiction, or by adjudication that he is of unsound mind and remanding of him to hospital for insane, or by appointment of guardian for his estate.

Petition of claimants, as heirs at law of intestate who died at veterans' hospital in Georgia, alleging that intestate was domiciled in Puerto Rico at his death held to show that intestate's estate, consisting of personal property, was subject to distribution under Puerto Rico, not Georgia, laws.

Petition by claimants to estate, consisting of personalty, of illegitimate intestate domiciled in Puerto Rico at his death stated cause of action, where petition showed that intestate had same father as all claimants, but different mother, and that intestate and sole illegitimate claimant had been recognized by father as his children, and pleaded laws of Puerto Rico entitling claimants to estate as only heirs at law.

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

Claim by E. C. Vazquez y Olmedo and others, to which E. B. Squire administrator, filed a demurrer. To review a judgment overruling the demurrer, the administrator brings error.

Affirmed.

See also, 183 S.E. 126; 183 S.E. 127.

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

John R. McDonald, and William J. Rowan, both of Washington, D. C., and R. Low Reynolds, of Atlanta, for defendants in error.

Syllabus OPINION.

STEPHENS Judge.

1. The location of one's domicile is a question of fact. Where it is alleged in a petition that the domicile of a named person was at a named place, and it does not appear from the facts stated in the petition that the domicile was other than as alleged, the allegation as to domicile is sufficient to withstand a general demurrer.

2. The domicile of the parents at the time of the birth of a child is the domicile of the child, and remains the child's domicile until changed in some manner as provided by law either by a change of the domicile of the parents or of the parent whose domicile controls that of the child before the child reaches majority, or by a change in the domicile of the child. Where it is alleged in a petition that the parents of a named person were domiciled in Puerto Rico at the time of the child's birth, and that the child resided in Puerto Rico from the time of his birth in 1894 to the date of his enlistment in the United States Army in August, 1918, which was after his majority, and where it does not appear...