In Re: in the Goods of Elliott - Court Judgment

SooperKanoon Citationsooperkanoon.com/854369
SubjectCivil
CourtKolkata
Decided OnJun-07-1878
JudgePontifex, J.
Reported in(1879)ILR4Cal106
AppellantIn Re: in the Goods of Elliott
Cases ReferredWauchope v. Wauchope
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.
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.