A British subject born in England had re sided in France under such circumstances that the English law would deem him domi tiled there, although he did not acquire a domicil which the French law would recog nize. He died leaving a will disposing of movables in England ; held that the will should be governed by the English law ; 22 T. L. R. 711, following [1903]. 1 Ch. 821. Un der somewhat similar circumstances, the per sonal property of a decedent was held to be subject to the law of France, which recog nizes a conjugal domicil analogous to what is known in our law as a matrimonial domi cil, and is distinguished from that domicil which is required for the purpose of con tracting a lawful marriage ; Harral v. Har ral, 39 N. J. Eq. 279, 51 Am. Rep. 17, where it was held that the government authoriza, tion required by the French code, to estabr lish a domicil in France is not , necessary to, establish, a. conjugal domicil, citing Le Bre ton v. liouchet, 3 Mart. O. S. (La.) 60, 5 Am. Dec. 736; •Kneeland v. Ensley, Meigs (Tenn.) 620, 33 Am: 168 ; 'Glenn v. Glenn, 47, Ala. 204; Mason v. Homer, 105 Mass. 116, to the point that with respect to, the, prop erty rights of husband or wife, in the person al property of the other, derived , from the; marriage relation, the place where the mar riage was celebrated not decisive; these rights depend on the, matrimonial domicil.
An case held that where the matri monial domicil was ,English, the English courts had to, entertain a suit for judicial separation, though the domicil of the parties was German ; 23 T. L. R.. 539. So in, suits for nullity, residence and not domicil , is the test of jurisdiction ; 48 L. J.
P. 1; 71 id.. 74 ; [1902] P. Divorce is regulated by the, law of the domicil of the parties; [1895] A. C. 517: A domicil for this purpose requires both the animus and the fact= ; L. R. 1 L. Sc. 307 ; and the intention is itself a question of, fact, to be determined by evidence, the dec larations of the party not being conclusive ; [1892] 3 Ch. 180.
The domicil of a widow, remains that of her ;deceased husband until she makes a change ; Story, Conti. Laws § 46; Mifflin Tp.
v. Elizabeth Tp., 18 Pa. 17.
Commercial domicil. There may be a com mercial domicil :acquired by maintenance of a commercial establishment in a country, in relation to transactions connected with such establishments ; 1 Kent 82; Lan. Ow Bew v.