Residence

Personal presence in a fixed and permanent abode.

Roosevelt v. Kellogg, 20 Johns. (N. Y.) 208; Sears v. Boston, 1 Mete. (Mass.) 251.

A residence is different from a domicil, although it is a nlatter of great importance in determining the place of domicil. The essential distinction between residence and domicil is that the first involves the intent to leave when the purpose for which one has taken up his abode ceases. The other has no such intent; the abiding is animo manendi. One may seek a place for the purposes of pleasure, of business, or of health. If his intent be; to remain, it becomes his domicil; if his intent be to leave as soon as his purpose is Accomplished, it is his residence; Brisenden v. Chamberlain, 53 Fed. 311.

See Cambridge v. Charlestown, 13 Mass. 501; Haliowell v. Saco, 5 Greenl. (Me.) 143; People v. Platt, 50 Ilun 451, 3 N. Y. Supp. 367; 59 L. J. 67; Domicil.

But it has been held synonymous with domicil, as to appointment of a guardian; Gabon’s Estate, 15 Pa. Co. Ct. Rep. 312. It is an element of domicil.

See Appeal of Taney, 97 Pa. 74; Dicey, Dorn. 1.

Residence and habitancy are usually synonymous; Lee v. Boston, 2 Gray (Mass.) 490; 2 Kent 574, n. Residence indicates permanency of occupation, as distinct from lodgwhich requires an intention combined with residence y Jefferson v. Washington, 19 Me. 293; 2 Kent 576.

See Bartlett v. New YorK, 5 Sandf. (N. Y.) 44; People v. Tax Com’rs, 16 N. Y. Supp. 834.

In a statute it was held not to mean business residence, but the fixed home of the party; 13 Reptr. 430 (Md.).

See 15 M. & W. 433; Hanover Nat. Bk. v. Stebbins, 69 Hun 30S, 23 N. Y. Supp. 529.

It is a physical fact, while domicil is a matter of intention; bona fide residence means “residence with domiciliary intent”; Lyon v. Lyon, 13 Pa. Dist. R. 634, per Sulzberger, J. Residence has been held to be more restricted than domicil as applied to homestead laws; Fulton v. Roberts, 113 N. C. 421,