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BURBANK v. ERNST

No. 151.

232 U.S. 162 (1914)

34 S.Ct. 299

58 L.Ed. 551

BURBANK v. ERNST, TUTRIX OF BURBANK, A MINOR.

Supreme Court of United States.

Decided January 26, 1914.

Attorney(s) appearing for the Case

Mr. Charles S. Rice and Mr. Sam Streetman, with whom Mr. R.B. Montgomery was on the brief, for plaintiffs in error.

Mr. Henry P. Dart for defendants in error.

MR. JUSTICE HOLMES delivered the opinion of the court.

This case arises in the matter of the succession of T. Scott Burbank. He died in Texas on May 10, 1910, leaving a will dated March 22, 1910, which was admitted to probate there. The executors sought to have the will registered in Louisiana, but the tutrix of Burbank's minor daughter and sole heir filed in the succession record a direct action to annul the will on the ground that the testator died domiciled in...

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