In the Goods of Luigi Blanchi (deceased)

IN THE COURT OF PROBATE AND IN THE COURT FOR DIVORCE AND MATRIMONIAL CAUSES.

Original Printed Version (PDF)

Original Citation: (1862) 3 Sw & Tr 16

English Reports Citation: 164 E.R. 1177

November 25, 1862.

in the goods of Luigi BiANCHi (deceased) November 25, 1863.-Administration.-Revocation of Grant-Domicil -New Grant.-A Sardinian, who had settled in Brazil, died intestate on his voyage from Bahia to Genoa. He had wound up his affairs in Brazil, and intended to resume his domicil of origin at Genoa. An agreement had been come to between the Brazilian and Italian Governments, with respect to the administration of his property and the guardianship of his children (sorae of whom were in Genoa and others in Brazil), by which the Brazilian Government gave up to the Italian Government all claim to such administration and guardianship -The Court revoked a grant of administration which had been made to the representative of the person entitled to it according to the Brazilian law, and made a giant to the peison entitled to it according to the Italian Law.

Luigi Bianchi, a Genoese by birth, went to Bahia, in the empire of Brazil, and acquired a considerable fortune He had a wife and seven children. He sent three of his children to Genoa for their education In IH56, having wound-up his affairs at Bahia, he sailed from that place with his wife and four children, intending to return to Genoa, and to reside there permanently, and he died on the voyage at Tenerife intestate. His relatives at Genoa, heating of his death and not knowing what had become of his wife and the four children, held a family council, and appointed Francesco Cavagnaro guardian of the three children. After the death of the deceased his widow went back to Brazil with the four [17] children, and there married a Brazilian : after which, Lorenzo de Souza Marques was appointed guardian of the children in Brazil. In 1859 an application was made to this Court by the duly substituted attorney of Marques for a grant of administration of the effects of the deceased in this country amounting to about 4000, and the grant was made.1*

Discussions took place between the Governments of Sardinia and Brazil with respect to the domicil of the deceased at the time of his death, which ended in an agreement being come to between the two Governments that the administration of the estate in Brazil, and the guardianship of the children there, should be placed in the hands of the Italian consul at Bahia.

Dr. Deane, Q.C , moved that the grant to the attorney of Marques might be rescinded, and a grant made to Cavagnaro

Sir C. Cresswell. What is the arrangement between the Courts of Turin and Brazil ? If the deceased was domiciled in Brazil at the time of his death, how can such an arrangement affect the grant to be made by me?

1 But see In the Goods of the Duchess of Orleans, 1 Sw & Tr 253.

1* 1 Sw. & Tr 511. It is stated in the report that the deceased, at the time of his death, was on his way to Europe " for a temporary visit "

1178 IN THE GOODS OF KLINGEMANN 3 SW & TR 18

Dr. Deane. The Brazilian Government have surrendeted all their interest in the matter to the Italian Government The arrangement is stated in the dispatches of the charge d'affaires of the King of Italy at Rio Janeiro, and of the charge d'affaires of the Emperor of Brazil at Turin The Brazilian charge d'affaires states that, in consequence of an agreement between the two Governments, the property of the deceased in Brazil, and the minor children in that country, are to be placed under the charge of the Italian consul at Bahia A decree of the Court at Turin, of March, 1862, de-[18] clares that the domicil of the minors is Italian and not Brazilian, and that Cavagnaro is their guardian

Sir C. Cresswell. The deceased was originally domrciled rn Genoa , he then became domiciled in the Brazils, and there is no doubt of the fact that he died in itinere, as he was returning to Genoa to resume his permanent residence there Then it may be said that, .is soon as he had finally abandoned the acquired domiciol by setting off on his journey to return to his domicil of origin, the latter revived

Dr. Deane. That would be so here

Sir C. Cresswell. It seems to me that under the circumstances you aie entitled to the grant

Motion granted as prayed