Squire v. Vazquez, 24785.

• Decision Date: 09 December 1935
• Docket Number: No. 24785.,24785.
• Citation: 183 S.E. 127,52 Ga.App. 215
• Parties: SQUIRE . v. VAZQUEZ et al.
• Court: Georgia Court of Appeals

52 Ga.App. 215

183 S.E. 127

SQUIRE .

v.VAZQUEZ et al.

No. 24785.

Court of Appeals of Georgia, Division No. 2.

Dec. 9, 1935.

Syllabus by Editorial Staff.

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 by the Court.

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 which it was alleged that Genaro Vazquez was a citizen of the United States, domiciled in Puerto Rico, but temporarily in Augusta, Ga., at the time of his death; that his estate consisted of certain personalty; that the four named claimants were his natural, but illegitimate, half-blood brothers by the same father; that the deceased was the natural, but...