AEtna National Bank v. Kramer

Summary

The court considered whether the defendant’s testatrix had changed her domicile from New Jersey to New York before a warrant of attachment was granted. It held that she changed her domicile when she left New Jersey with the intent to abandon it and took up residence temporarily in Brooklyn while intending to establish a permanent home there. The attachment was therefore vacated, and the order was reversed.

Holdings

1. The testatrix changed her domicile from New Jersey to New York on April 3, when she left her former domicile with the intention of abandoning it and went to Brooklyn intending to make New York her permanent domicile.
2. Retention of the leased New Jersey premises until the termination of the lease did not preclude the testatrix's change of domicile.

Questions Presented

1. Whether the testatrix had changed her domicile from New Jersey to New York before the warrant of attachment was issued on April 7, 1910.
2. Whether a temporary stay in another Brooklyn residence and retention of the former New Jersey lease prevented a change of domicile.

Disposition

reversed