Re De Hosson, Deceased; Erwin and Another v De Hosson and Others

• Jurisdiction: Ireland
• Judgment Date: 14 April 1937
• Date: 14 April 1937
• Court: High Court

In re De Hosson, Deceased; Erwin and Another

and

De Hosson and Others

Whether the presumption of the continuance of domicil of origin rebutted by the evidence of an acquisition of a domicil of choice - Sufficiency of evidence.

Deceased, who died in the Irish Free State, came from Holland to Ireland thirty years ago, and had resided in Ireland ever since. He was first in the employment of a firm in Dublin, and later, set up in a business for himself in Cork. In 1931 when he got married he informed his wife that she must be prepared to go and live with him in Holland, and he mentioned two years as the limit of time within which he would be returning to that country. He tried to sell his business in Cork, and there was evidence that he had not abandoned his intention of doing so up to the date of his death, and that if the negotiations for the sale of his business had been successful he would have returned to Holland. Held...