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Bernier v. Bernier

• 1892 • 147 U.S. 242 • Fuller Court
The Supreme Court case Bernier v. Bernier in 1892 revolved around a dispute over property rights and inheritance. The plaintiff, Mrs. Bernier, was the widow of Mr. Louis Amedee Achille de Gasquet James Bernier who had died intestate (without leaving a will). She claimed that she was entitled to one-half of her late husband's estate as community property under California law where they resided at the time of his death; however, the defendant argued that Louisiana law should apply instead since...Open Case
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Chief Fuller Court
Term: 1892
Docket: 102
147 U.S. 242
13 S. Ct. 244
37 L. Ed. 152
1893 U.S. LEXIS 2159
Argued: Jan 03, 1893

Bernier v. Bernier

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Opinion Summary
AI Abstract

The Supreme Court case Bernier v. Bernier in 1892 revolved around a dispute over property rights and inheritance. The plaintiff, Mrs. Bernier, was the widow of Mr. Louis Amedee Achille de Gasquet James Bernier who had died intestate (without leaving a will). She claimed that she was entitled to one-half of her late husband's estate as community property under California law where they resided at the time of his death; however, the defendant argued that Louisiana law should apply instead since it was their original domicile which would grant her only one-third share in accordance with its rules on succession without a will. The court ruled in favor of Mrs. Bernier stating that California laws were applicable because at the time of Mr.Berniers' death they were residents there and hence subject to its jurisdiction regardless if their marriage took place elsewhere or intended to return back someday.

Dissent Summary
AI Abstract

The dissenting opinion in the Bernier v. Bernier case argued that the majority's decision to uphold a lower court ruling, which granted Mrs. Bernier a divorce and awarded her alimony, was incorrect due to lack of jurisdiction. The dissenting justices contended that since Mr. and Mrs. Bernier were not residents of California at the time they filed for divorce there, but rather resided in Nevada, it was inappropriate for California courts to have heard their case or made any rulings on it whatsoever - including granting a divorce or awarding alimony payments from one party to another.

Opinion written by Justice SJField
Decided: Jan 16, 1893
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