Oliver Wendell Holmes, Jr.

Summary

Oliver Wendell Holmes, Jr. Burbank v. Ernst — Opinion of the Court

The supreme court not unnaturally suspected, from the declaration of domicil in the will and the circumstances, that Burbank was making up a fictitious case in the hope of avoiding the restrictions of his real domicil before he killed himself, as it is said that he did, in May; and found that the Texas declarations were more than counterbalanced by his declaration of record and his official acts as executor resident in Louisiana. There can be no question that the evidence was conflicting and that the court was warranted in finding as it did.
It is not for us to retry the facts.
Source: Wikisource

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