U.S. Supreme Court
Benjamin's Heirs v. Dubois, 118 U.S. 46 (1886)
Benjamin's Heirs v. Dubois
Argued April 14, 1886
Decided April 15, 1886
118 U.S. 46
A will having been proved in Missouri, a copy thereof and of the probate were admitted to record in the District of Columbia and letters testamentary granted. In subsequent proceedings respecting the distribution of property found in the District, a question arose as to the domicil of the testator. After hearing testimony, the Supreme Court of the District decided at special term that "his domicil was in the City of Washington," and "this court has original jurisdiction in the matter of his estate," which was on appeal affirmed. Held that this was not a final judgment within the meaning of the acts of Congress giving this Court jurisdiction on appeals or writs of error.
Bostwick v. Brinkerhoff, 106 U. S. 3, affirmed and applied.
The case, which is stated in the opinion of the Court, arose on a motion to dismiss which was filed to be heard with the hearing on the merits. After commencement of the argument on the merits, the Court ordered the motion to dismiss to be first heard.