Estate of Sweet

This controversy is most interesting and intricate, and it has been conducted with consummate ability by respective counsel. Their arguments were not only long, but learned, and their pleadings and briefs have been of great service to the court by reason of their speaking fully to every point of the discussion.

It would be difficult to conceive how counsel on either side could more exhaustively explore the domain of legal learning pertinent to the issues involved in the cause, and although the zeal and ardor of some of them have been tempered by a tinge of asperity, their efforts on the whole will without doubt tend ultimately to the securement of exact justice—the end of all litigation.

There are three propositions presented on the part of the alleged next of kin: 1. The marriage contract and its effect *461 and rule; 2. The lex loci contractus and its application; 3. The lex domicilii governing succession to personalty.

A contract is to be interpreted according to the law and usage of the place where it is to be performed; or, if it does not indicate a place of performance, according to the law and usage of the place where it is made: Civ. Code, sec. 1646.

I am of opinion…