Nationality after Termination of Marriage,.
A point of special terest in view of the recent questions as to the national status of an American married woman was decided in a judgment issued by Judge Cc. Lobingier, in the United States Court for China, on Wednesday, regarding the estate of the late Susie May Forrest.
His Honour said in part:—The deceased diced at Rochester, Minnesota, on' Februsry 8, 1923, leaving within the jur this Court certain personal property, consisting of securities estimated to be of the value of Ils. 56,455. The testamentary capacity of the decedent and the due execution of the instrument are sufficiently proved and the sole question is her citizenship. On or about May 26, 1922, the deceased applied to the American Consulate - General in Shanghai for a passport to travel to the United States. In the sworn application she recited that she was born at Virginia city, Nevada, on June 6, 1878 (which recital was corroborated by an affidavit of her mother) and further that "I was formerly married to Donners-mark, a German subject, and "was divorced in 1907 in New York where IT remained until 1912 My legal domicile is in the United States.' On this application, and on the accompanying showing, a passport was issued.
The principal question arises by virtue of the recital that she was formerly married to a German subject. The law on this point is as follows "Any American woman who marries a foreigner shall take the nationality ¢f ler husband. At the termination of the marital relation she may resume American citizenship, if abroad, by registering as an American citizen wi hin year with a Consul of the Unitel es, or by returning to reside in the ited States, or, if residing in the United States at the termination of the marital relation, by continuing to reside therein.'"
The statute does not rescribe any particular length of residence fol lowing the termination of the marriage. The fact that after five years she proceeded to another Country for temporary residence, the same time claiming the United States as her permanent. residence end legal domicile, and expressing her intention. "to remain a citizen of the United States and to return there permanently to reside,''
ould not, we think, deprive' her of the status recovered by her interval of home residence.
On the whole, a prima facie case of American citizenship has been established and as no_ contrary showing has been offered by the United States Attorney, we are Gisposed to assume jurisdiction of the estate in China.
The Judge ordered that letters of administration be issued to Mr.
Cornell Franklin, upon his taking the oath and executing a bond of Tls 100,000.
Text read from the printed page and cleaned; old type leaves the occasional error.