A Treatise On Private International Law, With Principal Reference to Its Practice in England

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R. 342. See too The Lauderdale Peerage, 10 A. C. 692, at p. 739, Selbome.
§ 55. Xeither however can the legitimation of a child by the subsequent marriage of its parents take place unless it is also permitted by the jsersonal law of the father at the date of the birth.
This was decided by Vicechancellor Wood, in Be Wright (1856), 2 K. & J. 595, not noticing the contrary opinion of Lord Brougham shown under the last § and erroneously quoting Lord Cottenham as saying in Munro v. Munro that "the q
...uestion in such cases must be, can the legitimization of the children be effected in the country in which the father is domiciled at their birth?" p. 614. The doctrine however was repeated by the same judge, as Lord Hatherley, in T'dny v. Vdny (1869), L. R.
1 S. & D. A. 447, and followed in Goodman v. Goodman (1862), 3 Gifi. 643, Stuart ; and it has since been again asserted in Be Grove, Vaucher v.
Solicitor to Treasury, 40 Ch. D. 216, Cotton, Fry and Lopes (1888), affirming Stirling (1887).
vSavigny's opinion is the same as that of the Scotch judges in Munro V.


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