p. 241. p. 241. p. 241. pp. 241-244. p. 243. pp. 251-260. p. 252. pp. 259, 260. p. 261. p. 257. The local law has jurisdiction over movables, in the sense that it controls their possession, by whatever law the right to possession is determined. Movables follow the person of their owner, and accordingly the law of his domicil governs all transmissions and distributions of movables which arise from an alteration of his personal status. But the effect and validity of a voluntary alienation of movables inter vivos is decided by the law of the place where the movables in fact are. English procedure does not allow service abroad of a writ merely on the ground that the subject-matter of the action is movable property within the jurisdiction. Except in Admiralty causes, the procedure in English Courts is in personam, not in rem. But jurisdiction over movables within the jurisdiction is asserted in interpleader proceedings and other cases. (ii) Alienation of Movable Personal Property by Transfer inter vivos. When alienation of movable personal property is effected by transfer inter vivos, the law regards not so much the person and domicil of the owner, as the act or transfer by which the transfer is effected, and the situation, in fact, of the property transferred. If the property transferred, and the parties to the transfer, are all within the same jurisdiction, the transfer, according to the law of that jurisdiction, will confer a good title valid everywhere, under the dominion of whatever law the property afterwards passes. When the parties to the transfer are in one jurisdiction, and the property dealt with is in another, the authorities are ambiguous; but semble, such a title will not be conferred if the property, at the moment of the transfer, be within another jurisdiction, by the law of which the attempted transfer is invalid or imperfect. And semble further, if the transfer be valid, according to the law of the place where the property is in fact situate, the title conferred by it should be recognised as good everywhere, though imperfect by the law of the former owner's domicil, and though the property be afterwards brought within the dominion of that law. The creation of a lien upon movable personal property is similarly referred to the law of the place where the property was in fact situate at the time when the lien was created (semble). Assignments of choses in action are governed by the lex fori as pp. 261–264. to remedy and procedure only. In cases of contract, the assignability and mode of assignment of the resulting chose in action seem to depend upon the original lex contractus. The question of notice to the debtor should be referred to the same law. (iii.) Succession to Movable Personal Property. (a) Disposition of Movable Personal Property by Will. The law of the testator's domicil at the time of his death p. 266. has supreme authority in all matters connected with the capacity of the testator, the formalities, execution, interpretation, construction, and effect of a will of movable personal property. But the Court of the domicil of the testator has not supreme p. 266. jurisdiction; so that where probate or administration is applied for in England, the English Court will make a general decree as to all the assets, wherever situate, on the principle that the executors or administrators are personally subject to its jurisdiction, and should be controlled by it. And when the right of succession is once ascertained, the p. 267. rights resulting therefrom follow the person of the living successor, not of the dead testator. The legitimacy and status of the successor similarly depend upon the law of his domicil, not upon the law of the domicil of the testator (pp. 262, 263). But, under Lord Kingsdown's Act (24 & 25 Vict. c. 114), p. 267. the wills of British subjects, whatever the domicil at the time of the death or of making, if made out of the United Kingdom, are also valid if the forms required either by the law of the place of making, the law of the domicil at the time of making, or the law of the domicil of origin have been complied with; and if made within the United Kingdom, are also valid if the forms required by the law of the place of making at the time of the making have been complied with. And by the same statute, no will, at least of a British subject, is revoked or becomes invalid by a change of domicil between the times of making and of the death. A simple power of appointment by will to movable personalty is validly exercised by a will made in conformity with the p. 261. p. 280. PP. 273, 281. 282. p. 282. pp. 282, 283. p. 280. pp. 283-284. lex domicilii of the donee. But if the instrument creating the In granting probate of the will of a testator not domiciled in England, the English Court will, as a rule, follow the grant of the Court of the domicil, and grant probate or administration with the will annexed to the person who has been duly clothed by the Court of the domicil with the power and duty of administering the estate. (b) Succession to Movable Personal Property by Operation of Law. The law of the domicil of an intestate at the time of his death has supreme authority in all matters connected with the succession to, and distribution of, his personal estate. But the Court of the domicil of the intestate has not supreme jurisdiction; so that, when administration is applied for in England, the English Court will make a general decree as to all the assets, wherever situate, on the principle that the administrators are personally subject to its jurisdiction. When the right of succession is once entertained, the rights resulting therefrom follow the person of the living successor, not of the dead testator. The legitimacy and status of the successor similarly depend upon the law of his domicil, not upon the law of the domicil of the intestate. p. 285. pp. 285, 287. (c) Right and Title of the Personal Representative. A grant of probate or letters of administration has no extraterritorial operation; and the personal representative under it acquires only a title to the personal chattels of the deceased within the jurisdiction of the Court which made the grant. To take possession of personalty in England, or sue for debts in an English Court, a personal representative must therefore prove the will or take out letters of administration here as well as in the country of the domicil of the deceased. But this rule does not operate to prevent a personal representative clothed with authority by the English Court from suing in England in respect of movables actually situate abroad. In granting probate or letters of administration, the English p. 286. Court will generally follow the grant (if any) made by the competent Court of the domicil; but it appears doubtful if the mere fact that a person has obtained a grant as executor in the foreign Court will entitle him as of right to recognition p. 287. of that character here. If the English Court does not consider him entitled as executor, it will, it seems, grant him letters of administration cum testamento annexo. The personal representative, when once clothed with authority p. 289. by the English Court, is bound to administer the personal assets of the deceased in England. The title of a personal representative to the personal assets p. 290. within the jurisdiction of the Court from which he derives his authority is not divested by the removal of the assets to another jurisdiction, unless they are removed under such circumstances as to remain still unappropriated assets belonging to the general estate. The effect of Scotch and Irish probates in England is p. 291. regulated by the statutory provisions of 21 & 22 Vict. c. 56, s. 12, and 20 & 21 Vict. c. 95, respectively. A foreign personal representative, who has not obtained authority from an English Court, nor received English assets, cannot be sued in p. 292. his representative character in England. (d) Probate and Administration Duty. When probate, or administration is granted by an English p. 294. Court, probate or administration duty is payable to the English Governinent on the value of the assets locally situate in England at the time of the death of the deceased, without reference to the law of his domicil or the value of the assets situate there. The local situation of transferable securities, which pass p. 294. from hand to hand, is that in which they are actually found. The local situation of stocks and shares, transferable only in one place, is the place where they are so transferable. If the law of the country where assets are locally situate p. 297 requires double administration to be taken out in order to reduce them into possession, double duty is payable to the local Government. The law of the domicil of any or all of the parties is in such a case immaterial. p. 298. p. 299. p. 300. P. 300. P. 306. p. 307. p. 308. p. 312. p. 312. (e) Succession and Legacy Duty. Succession and legacy duty is payable to the English Government in respect of the personal estate of every testator who dies domiciled in England; and is assessed not only on his personal estate in England, but upon all his personal movable estate, wherever situate in fact. The duty does not attach upon annuities or legacies charged on foreign land, nor upon chattels real abroad. Succession duty is payable upon chattels real situate in England, though the domicil of the testator be foreign. The personal character of such estate, and its liability to English succession duty, is determined by the English law as the ler situs, claiming in that right to govern immovables. Succession duty is payable on personal estate appointed by the will of a testator domiciled abroad, under a power of appointment created by an English will or settlement. [And see the Succession Duty Act, 1853 (16 & 17 Vict. c. 51), s. 4.] So also, on successions to a settled fund vested in English trustees, consisting of English stocks and shares, though the instrument creating the settlement was the will of a testator domiciled abroad. But not, it seems, by the trustees who take immediately under such a will. So, where the instrument creating the trusts of the settlement is a deed inter vivos. So, it seems in such a case to be sufficient that the funds should be vested in English trustees, though they have not actually been brought into England. When succession duty is calculated according to the degree of relationship between the successor and the person from whom the succession is derived upon his death, the legitimacy of the successor is referred to the law of his domicil, not the domicil of the person from whom he derives succession. (f) Distribution of Movable Personal Estate by Executors and Administrators. The distribution of movable personal estate in the hands of executors or administrators is regulated generally by the law of the domicil of the deceased. But when the deceased was domiciled abroad, and ancillary administration is taken out here, it is doubtful whether the priorities of creditors will not be regulated by the English law, |