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In re Estate of Jones | 192 Iowa 78, 182 N.W. 227 (1921)

A party’s domicile, or true home, is the jurisdiction where a party intends to return if away and ultimately remain. Lay people, attorneys, and judges often struggle to correctly determine a person’s domicile because of the fact-intensive nature of the inquiry. One foreign litigant found herself at home when she argued over her father’s domicile in In re Estate of Jones.

Evan Jones was born in Wales. When Jones was an adult, a woman commenced bastardy proceedings in a Welsh court, claiming that Jones was the father of the woman’s little girl, Margaret Adams. In response, Jones immigrated to the United States. He settled in Iowa and became a citizen.

In nineteen fifteen, Jones planned to move back to Wales and sold his property. He left most of his money in an Iowa bank and intended to transfer it once he got to Wales. Jones traveled aboard the Lusitania. At the time, Germany and Great Britain were fighting World War One. As Jones neared his destination, a German submarine sunk the Lusitania, killing Jones.

Jones’s siblings had an administrator appointed in Iowa to handle the estate. Margaret came forward, arguing she was Jones’s sole heir. If Jones was domiciled in Iowa when he died, Iowa law applied, making Margaret his only heir. However, if Jones was domiciled in Wales, British law applied, so Margaret wouldn’t receive anything.

In the trial court, evidence showed that Jones planned to spend the rest of his life in Wales. The court held that Jones was domiciled in Wales when he died. Margaret appealed to the Iowa Supreme Court.

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