The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-08-17
home WHERE MOTHER Is
SUPREME COURT RULES AS TO THE
RESIDENCE OBJ
CHILD
PREJUDICE IN COURT BELOW
Two ReversaIs Were Made Yester-
day by the States Highest Trt-
bunaI in Cases of Some
Importance.

The supreme court in a decision hand,
ed down by Justice Lovely yesterday re-
versed the Hennepin county district
court, and held that where the parents
have been divorced and the custody of a
minor child awarded to the mother, the
dOmicile Of the child IS that Of the
mother. The district court held that the
home Of the father was that of the child.
The case was brought by Henry G..
Hicks, as administrator of the estate Of
John underwater, deceased, VS.. John
T. Fox, as administrator of the estate
of Ethel Vanderwarker, deceased.
The dispute was over money left by
John underwater, of Minneapolis, to
his granddaughter Ethel
The elder VanderwarIer died in Mime
apolis, Jan. q, 1887. In Will drawn on
the day of his death he bequeathed to
his granddaughter Ethel 5000, which was
to be invested in mortgages, and the in
terest and principal retained In trust I'M
I'll she was twenty-one years Of age, when
the accumulated interest was to be paid
to her. At the age of thirty she was to
receive the principal
Henry Vanderwarker, son Of the tesla
tor, had married Ethels mother In st.
Paul In February, 1879 They separated in
August, 1883, and the following year the
wife brought suit for divorce in Ramsey
county The application was denied, put
the custody Of the child was awarded TO
the mother who took her to California,
where she obtained a divorce, with abso-
lutte custody of the child. Later she mar
ried a man named Rogers and returned
to Minnesota in 1881.
The child died in 1898, and the distrtbu-
ton Of her estate was carried into the
courts. The syllabus of the decision says:
''Ffrst-When a divorce has been grant
ed to the wife and unrestricted custody
of the minor child of the marriage given
her in the decree, her own dom1cile es-
tablishes that Of the child.
"Second-Upon the law OF the he don4lc ne
OF such minor child at the time Of its
death depend the inheritive rights OF Its
"Third-where a specific legacy. is set
apart from an estate for a minor legatee
TO be given her at time In the future,
as under the terms of the Will In TINS
case. such legacy is vested and the fund
designated therein should be segregated
from the estate, and upon her death,
before Its receipt, descends to her heirs.
The Goodhue Farmers Warehouse Com
panv respondent, VS.. John G. Davis ct
al defendants; John o. Davis, appel
liant.
SyIiabus-1. A managing agent of a
warehouse company, without disclosing
the fact to his principal, made pronts In
the business use of the name of the COM
pany and outside of the scope of its cor
porate authority. Held: That such prof
Its belonged to the company
q Where the sureties of such agent
signed an obligation that such agent
should faithfully discharge his duties
and collect all accounts. and duly ac-
count for every transaction, etc. Held,
that such sureties are liable to the
oblIgee on such bond for the payment Of
the profits made as above set forth and
retained by the agent
g. Held, that an instruction upon con-
ceded facts to find a specific sum was
properly given in this case.
l. Held, that certain instructions Of
the trial court upon the issues in this
case, were argumentative and prejudt-
cial upon the submission Of such issue.
Order reversed and q new trial granted