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IN ITS

RELATION TO SUCCESSION

AND THE DOCTRINE OF RENVOI

(BEING THE YORKE PRIZE ESSAY FOR 1910)

BY

NORMAN, BENTWICH

SOMETIME SCHOLAR OF TRINITY COLLEGE, CAMBRIDGE, AND OF LINCOLN'S INN,
BARRISTER-AT-LAW

AUTHOR OF

"THE LAW OF PRIVATE PROPERTY IN WAR," AND "THE DECLARATION OF LONDON'

"

LONDON

SWEET AND MAXWELL, LIMITED

3, CHANCERY LANE

ΤΟ

ERNEST J. SCHUSTER, ESQ., LL.D.

A MASTER OF COMPARATIVE LAW

IN SINCERE RESPECT

FROM A TYRO

PREFACE

THIS book is founded on the Essay which was awarded the Yorke Prize at Cambridge University in 1910, and is published in accordance with the terms of the Prize. My endeavour has been to state as clearly and concisely as possible the positive law bearing upon the effect of domicile on succession, in such a way as to bring out and justify the principles underlying it; and when the principles seem to be infringed, to point out the defect and suggest the way of amendment. While emphasizing, however, the principles which are embodied in the law, I have had regard to the maxim that an ounce of practice is worth a pound of theory, and my primary authorities have been the reports of the English cases. As a guide to them I have used the text-books on Private International Law of Westlake, Dicey, Foote, Piggott, and Nelson. The writer to whom I feel under the greatest obligation is my old teacher, Dr. Westlake, whose concise statement of the rule I have occasionally adopted. I have ventured at times to criticize judicial decisions, and I have dwelt upon several points where there appears to me to be a lack of reciprocity in our practice.

Moreover, though primarily concerned with the English law as it is, I have dealt briefly with the history of Private International Law as to Succession and with the theory and practice of Continental countries. I am under obligation for this part of the subject to Weiss' Traité théorique et pratique de Droit International Privé, Gillespie's translation of Von Bar's Das

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