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Conflicts Keyed to Currie
White v. Tennant
Facts
Michael White was legally domiciled in West Virginia where he had lived his entire life and owned a farm. Michael had made an agreement with his mother, brothers and sisters to sell his farm and occupy a house on 40 acres of land in Pennsylvania, just across the West Virginia state line. The land was part of a larger family farm located on both sides of the state line with a mansion-house found on the West Virginia side. Michael and his wife brought their possessions and livestock to their new home. However, the house was cold and damp and Michael’s wife was not feeling well, so he accepted an invitation to spend the night in the West Virginia mansion-house. They unloaded their possessions first and then left. It turned out that Michael’s wife had typhoid fever. He took care of her at the mansion-house, and also went into Pennsylvania daily to care for his stock. Two weeks later, Michael caught typhoid and died in West Virginia. His wife recovered and her father, Tennant (Defendant), was appointed administrator of Michael’s estate. Under the law of West Virginia, Michael’s wife would receive all her husband’s personal property by intestate succession. Under Pennsylvania law, she would receive only half, and his immediate family would get the other half. White (Plaintiff), the brothers and sisters of Michael, sought to set aside the West Virginia distribution of his estate, claiming he was domiciled in Pennsylvania.
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