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![handle is hein.slavery/ssactsengr0899 and id is 1 raw text is: FORBES V. FORBES
inheritance; and I am of opinion that there is no duty to pay this interest imposed
upon the second tenant for life, as between her and those who are entitled to the
interest in fee-simple subject to her life-estate.
The Court being of opinion that the corpus of the settled estates, subject to the
mortgage, was properly charged with the sum of £343, being the interest which accrued
due in the lifetime of the late tenant for life William Sharshaw ; and it being admitted
that he died insolvent; and the said sum having been paid by the trustees out of the
proceeds of the bond, being other part of the settled property, and the Court being of
opinion that they should be allowed the same in account. Order to raise the required
sums, except the £160 for repairs, and the proper costs, including the costs of this
application.
[341] FORBES V. FORBES. Jan. 16, 17, 18, 23, 24, Feb. 9, 1854.
[S. C. 2 Eq. R. 178; 23 L. J. Ch. 724; 18 Jur. 642; 2 W. R. 253. See Hodgson v.
De Beauchesne, 1858, 12 Moo. P. C. 316; 14 E. R. 932; Haldane v. Eckford, 1869,
L. R. 8 Eq. 642; Aitchison v. Dickson, 1870, L. R. 10 Eq. 595; Douglas v. Douglas,
1871, L. R. 12 Eq. 647; In re Toolat's Trusts, 1883, 23 Ch. D. 537; Ex parte
Cunningham, 1884, 13 Q. B. D. 423.]
Domicil. Service in the Indian Army. Choice between two Residences.
A man cannot have two domicils, at least with reference to the succession to his
personal estate.
Legitimate children acquire by birth the domicil of their father.
An infant cannot change his domicil by his own act.
A new domicil cannot be acquired except by intention and act; but, being in itinere
to the intended domicil, is a sufficient act for this purpose.
But the strongest intention of abandoning a domicil, and actual abandonment of
residence, will not deprive a man of that domicil, unless he has acquired another.
An engagement to serve, and actual service in the Indian Army, under a commission
from the East India Company, when the duties of such an appointment necessarily
require residence in India for an indefinite period, confers upon the officer an Anglo-
Indian domicil; for the law, in such a case, presumes an intention consistent with
his duty, and holds his residence to be animo et facto in India. And this, even if
he have property in the country which was his domicil of origin.
An Anglo-Indian is not, for all purposes, an English domicil.
A domiciled Scotchman, having ancestral property but no house in his native country,
by accepting a commission, and serving in the Indian Army, abandoned his domicil
of origin, and acquired an Anglo-Indian domicil. He afterwards attained the rank
of general in the Indian Army, and was made colonel of a regiment, and then left
India with the intention of not returning thither, but came to Great Britain, where
he lived part of the year in a house which he had built on his estate in Scotland,
and part in a hired house in London, under circumstances which, if he had been
a single man, would have given him again a Scotch domicil; but his wife and
establishment of servants resided constantly at the house in London. Held, that
this fact counterbalanced the effect of the other circumstances, and proved that his
intention was permanently to reside in England; and that, therefore, he must be
considered to have abandoned his acquired domicil in India, and acquired, by choice,
a new one in England.
Nathaniel Forbes, afterwards General Forbes, was born in Scotland of Scotch
parents, his father being possessed of an estate in that country, called Auchernach,
on which, however, there was then no house.
In December 1786, being at that time a lieutenant on half-pay in the 102d Foot,
a disbanded regiment, he contracted a marriage with a Scotch lady; and that marriage
having been secret, and its validity being questioned, the ceremony was again
solemnised formally between them on the 15th of July 1787. By a settlement in
KAY, 341.](ViewImageLocal?handle=hein.slavery/ssactsengr0899&div=1&collection=&method=preview&ext=.png&size=3)