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  • Case Name: in Re Annesley: Davidson V. Annesley Case Citation: Facts of The Case

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    Sybil Annesley, a British woman, owned property in both France and England but lived in France after her husband's death. She executed wills in France stating her intention to remain a British subject. The court ruled that under English law, she had acquired a French domicile through her long residence and intention to remain indefinitely in France. As a result, French law would govern the disposition of her estate, including her English movable property. However, as a foreigner not formally domiciled under French law, British law would normally apply, but it referred the question back to French law as the law of her domicile. Accepting this "renvoi," French law would govern distribution of her entire

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    Sybil Annesley, a British woman, owned property in both France and England but lived in France after her husband's death. She executed wills in France stating her intention to remain a British subject. The court ruled that under English law, she had acquired a French domicile through her long residence and intention to remain indefinitely in France. As a result, French law would govern the disposition of her estate, including her English movable property. However, as a foreigner not formally domiciled under French law, British law would normally apply, but it referred the question back to French law as the law of her domicile. Accepting this "renvoi," French law would govern distribution of her entire

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    348 views2 pages

    Case Name: in Re Annesley: Davidson V. Annesley Case Citation: Facts of The Case

    Uploaded by

    pradeep punuru
    Sybil Annesley, a British woman, owned property in both France and England but lived in France after her husband's death. She executed wills in France stating her intention to remain a British subject. The court ruled that under English law, she had acquired a French domicile through her long residence and intention to remain indefinitely in France. As a result, French law would govern the disposition of her estate, including her English movable property. However, as a foreigner not formally domiciled under French law, British law would normally apply, but it referred the question back to French law as the law of her domicile. Accepting this "renvoi," French law would govern distribution of her entire

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    of 2

    CASE NAME: IN RE ANNESLEY: DAVIDSON v.

    ANNESLEY

    CASE CITATION:

    FACTS OF THE CASE:

    Sybil Annesley, a British woman, married James O’Donel Annesley whose domicile was English
    and lived in France. After her husband’s death, she resided continuously there until her death in
    1924. She never took steps prescribed by Art. 13 of the French Civil Code to obtain a formal
    French domicile.

    At the time of her death, she owned an immovable property in France (Chateau de Quillebaudy),
    and movable property (trust money) both in France and in England.

    On November 1919, she executed a holograph will in French language, stating that her two
    daughters had their share of her property.

    On December 1919, she likewise executed in France a will in English form, revoking all former
    testamentary dispositions. The will also provide that after all dispositions of her real and personal
    estate, the ultimate residue is given to her daughter, Miss Annesly, absolutely. In addition, the
    will also contained provisions wherein Sybil stated that she has no intention of abandoning her
    England domicile, and that she intend to remain a British subject. On July 1921, she executed
    also in France a codicil in English form, confirming her dispositions in the will.

    ISSUE INVOLVED:

    What law will govern, as to the determination of the testatrix’ domicile which will affect the
    dispositions of the will: French or English law?

    RULING:

    Domicile flows from the combination of fact and intention, the fact of residence and the intention
    of remaining for an unlimited time. The intention required is not an intention specifically
    directed to a change of domicile, but an intention of residing in a country for an unlimited time.
    The Court here conceded that domicile cannot depend upon mere declaration, though the fact of
    the declaration having been made must be one of the elements to be weighed in arriving at a
    conclusion on the question of domicile.

    The question whether Sybil Annesley died domiciled in France must be answered by
    ascertaining whether she had abandoned her English domicile and had acquired a French
    domicile of choice in accordance with the requirements of the English law – namely, by the

    1. Factum of residence coupled with animus manendi, and


    2. That regardless of the question whether she had not complied with the formalities
    required by French law to be carried out by her before she could rank as a domiciled
    French woman.

    Testatrix’ domicile at the time of her death was French.

    French Law accordingly applies, but the question remains: what French law? According to
    French municipal law, the law applicable in the case of a foreigner not legally domiciled in
    France is the law of that person’s nationality, in this case is British. But the law of that
    nationality refers the question back to French law, the law of the domicile; and the question
    arises, will the French law accept this reference back, or renvoi, and apply French municipal
    law?

    After careful consideration of the evidences, it was ruled that according to French law, in
    administering the movable property of the deceased foreigner who, according to the law of his
    country, is domiciled in France, and whose property must, according to that law, be applied in
    accordance with the law of the country in which she was domiciled, will apply French municipal
    law, even though the deceased had not complied with Art. 13 of the French Civil Code.

    Regards her English personal estate and her French movable property the testatrix in this case
    had power only to dispose of 1/3 by her will.

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