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In Re: in the Goods of Elliott

Type Court Judgment Court Kolkata Decided Jun 07, 1878
~1 min read
https://sooperkanoon.com/case/854369

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Citation
Court
Kolkata
Judge
Decided On
Subject
Civil

Case Summary

AI-generated summary - not the official court judgment text.

Domicile - Service under East India Company--Succession Act (Act X of 1865), Sections 2, 5, 10--21 and 22 Vict., Clause 106. -

Key legal issue
Civil

Parties & Advocates

Appellant / Petitioner

In Re: in the Goods of Elliott

Legal References

Cases Referred
Wauchope v. Wauchope
Reported In
(1879)ILR4Cal106

Excerpt

domicile - service under east india company--succession act (act x of 1865), sections 2, 5, 10--21 and 22 vict., clause 106. - pontifex, j.1. it being conceded by both sides that surgeon-major elliott came out to india in the service of the east india company previous to 1858, i think the case is concluded by the very careful judgment in wauchope v. wauchope (4 ct. of sess. cases, 4th series, 945), before the court of session in scotland, in which i feel certainly inclined to agree; at all events, i am not inclined to dissent from it. i must, therefore, hold that surgeon-major elliott at his death had an anglo-indian domicile. the will is therefore not good.

Full Judgment

Pontifex, J.

1. It being conceded by both sides that Surgeon-Major Elliott came out to India in the service of the East India Company previous to 1858, I think the case is concluded by the very careful judgment in Wauchope v. Wauchope (4 Ct. of Sess. Cases, 4th series, 945), before the Court of Session in Scotland, in which I feel certainly inclined to agree; at all events, I am not inclined to dissent from it. I must, therefore, hold that Surgeon-Major Elliott at his death had an Anglo-Indian domicile. The will is therefore not good.

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Same Parties In Re: in the Goods of Elliott vs Same Subject Civil Same Judge Pontifex, J.
Civil

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