Noonan v. Kemp

Robinson, J., delivered the opinion of the Court. If there be a principle of international law settled beyond dispute, it is that the succession to personalty is governed and regulated by the law of the domicil, and in the absence of a marriage contract, the laAv of the matrimonial domicil governs as to all the rights of the parties to their present property in that place, and as to all personal property wherever it may be situate. “ It has,” says Chancellor Kent, “ become a settled principle of international jurisprudence, and one founded in a comprehensive and enlightened sense of public policy and convenience, that the disposition, succession to and distribution of personal property, Avherever situated, is governed by the Kav of the country of the owner’s or intestates domicil at the time of his death, and not by the conflicting laAvs of the various places where the goods happen to be situate.” 2 Kent’s Comm., 429. Judge Story says: “ Be the origin of the doctrine Avhat it may, it has so general a sanction among all civilized nations, that it may be treated as part of the jus gentium. And in Sill vs. Worswick, 1 H. Black., 690, the general doctrine is stated Avith great force and vigor.” “ It is a clear proposition,” says Lord Loughborough, “not only of the laAir of England, but of every country in the AA'orld, where the law has the least semblance of science, that personal property has no locality.

The meaning of that is, not that personal property has no visible locality; but that it is subject to that laAv Avhich governs the person of the OAvner; both Avith respect to the disposition of it, and Avith respect to the transmission of it, either by succession or by the act of the party. It folloAA'S the laAv of the person. If ⁷⁸ he dies, it is not the law of the country in which the property is, but the law of the country of which he was a subject, that will regulate the succession.” “And this doctrine has been constantly maintained, both in England and America, with unbroken confidence.” Story’s Conflict of Laws, sec. 380. It Is, however, unnecessary to multiply authorities.

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