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White v. Tennant

West Virginia Supreme Court
8 S.E. 596, 31 W. Va. 790, 1888 W. Va. LEXIS 81 (1888)
ELI5:

Rule of Law:

A change of domicile is effectuated when there is an abandonment of the former domicile combined with physical presence in a new location, even for a brief period, and the intent to make the new location a permanent home. A temporary absence from the new home immediately after arrival does not negate the establishment of the new domicile.


Facts:

  • Michael White, a lifelong resident of West Virginia, sold his farm there in the winter of 1884-85.
  • He arranged to move into a house located on family property just across the state line in Greene County, Pennsylvania.
  • On April 2, 1885, White and his wife permanently left their West Virginia home with all their belongings, with the declared intention of making the Pennsylvania house their new permanent home.
  • They arrived at the Pennsylvania house that evening, unloaded their goods into the house, set up a bed, and released their livestock onto the property.
  • Due to the house's damp condition and his wife's illness, they accepted an invitation to spend the night at a relative's house nearby in West Virginia, fully intending to return to the Pennsylvania house the next morning.
  • White locked the Pennsylvania house and took the key with him for the night.
  • His wife's illness, diagnosed as typhoid fever, became severe, preventing their return to the Pennsylvania house.
  • While caring for his wife at the relative's home, White fell ill with the same fever and died there approximately two weeks later.

Procedural Posture:

  • Emrod Tennant, administrator of Michael White's estate, distributed the decedent's personal property according to West Virginia law.
  • William L. White and the decedent's other siblings filed suit in the Circuit Court of Monongalia County, West Virginia, against Tennant and the decedent's widow.
  • The plaintiffs sought to set aside the distribution and have the estate settled according to Pennsylvania law.
  • The Circuit Court (trial court) entered a decree dismissing the plaintiffs' bill.
  • The plaintiffs, as appellants, appealed the trial court's decision to the Supreme Court of Appeals of West Virginia.

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Issue:

Does a person's domicile change from one state to another when they have abandoned their former residence, moved with their family and belongings to a new residence in the other state with the intent to make it their permanent home, and physically arrived at the new residence, even if they do not remain overnight due to unforeseen circumstances?


Opinions:

Majority - Snyder, Judge

Yes, the person's domicile changed to the new state. A change of domicile requires two concurrent elements: the fact of residence (factum) and the intent to remain (animus manendi). Michael White clearly abandoned his West Virginia domicile by selling his property and leaving with no intention to return. He established a new residence by physically arriving with his family and belongings at the Pennsylvania house with the explicit intent to make it his permanent home. The moment he arrived at the new home with that intent, his domicile changed eo instanti. His subsequent temporary absence for one night due to his wife's illness and the house's condition did not defeat the establishment of the new domicile, as he fully intended to return. A person cannot be without a domicile, and since White had abandoned his West Virginia domicile, the Pennsylvania residence became his domicile upon his arrival there.



Analysis:

This decision provides a clear illustration of the legal principles governing the change of domicile, emphasizing that intent is a critical element. It establishes that the physical act of 'residing' to complete a change of domicile can be very brief, even momentary, as long as it is coupled with a genuine intent to make the new location a permanent home. The case is significant because it clarifies that unforeseen circumstances forcing a temporary absence immediately after arrival do not undo the legal change of domicile. This precedent is frequently used to analyze domicile issues in cases involving estates, taxes, and jurisdiction, where a person's legal home at a specific point in time is the determinative factor.

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