ESTATE OF MARGARET AUSTIN.
No. 8946--Feb. 15, 1879.
RESIDENCE of deceased as affecting jurisdiction of estate.
WIFEíS RESIDENCE the same as the husbandís.
TWO PLACES OF SOJOURN.--A narrative of facts upon which the Court fixes the place of residence.
Construing sections, Pol. C., 52; C. C. P. 1294.
M. Allen, for Public Admír of
Fox & Ross, for the Public Admír of San Mateo Co.
This is a controversy between two Public Administrators as to the place of residence of the deceased.† The following are the facts:
Alexander Austin, husband of
deceased, was for six years ending December, 1875, a tax collector of the City
and County of San Francisco, and resided therein.† During that time he acquired a house and lot
in the village of San Mateo, San Mateo County, the title to which was taken in
his wifeís name, and with his wife was in the habit of
repairing to it for pleasure and recreation.†
After his term of office their habits were as follows:† They had rooms continuously at a hotel in San
Francisco, which they occupied, and where they boarded when not in San Mateo;
Saturdays and Sundays they spent in San Mateo, having guests with them
frequently; and often during the week they went to San Mateo daily, at evening,
returning to this city in the morning; she sometimes on a later train than Mr.
Austin; he was in constant business here, and when he was detained here over
night she remained with him; the larger portion of the nights in the summer was
passed in San Mateo,† and in the winter
in this city; when in San† Mateo they had
a maid servant, who did the housework, and when they were in this city the maid
was with them; they had horses and carriage here and also at San Mateo; they
employed there a gardener and coachman, who took care of the place in their
absence.† Mrs. Austin, in her illness,
came to this city for medical treatment, and died here January 22, 1878.† After her death Mr.
From the foregoing facts the
conclusion of law is that Mrs. Austin at the time of her death was a resident
of the City and
The motion to discontinue the proceedings for the probate of her will in this Court is denied.
Transcribed by Sue Wood.
© 2008 Sue Wood.