The following excerpt is from Matter of Strobel, 200 Misc. 483 (N.Y. Surr. Ct. 1951):
The question of what place shall be considered the domicile for a party is not one of law but rather one of fact, and the courts must draw their conclusions from the circumstances of a given case. (Matter of Scarfone v. Ruggieri, 197 Misc. 1007.)
The legal opinion is clearly differentiated between the term "domicile" and "residence," and it would appear from such opinions that the term "residence" merely means place of abode, and that a person may have many such places, whereas no person may have more than one domicile at any given time, and, accordingly, in the strict legal sense, a person's domicile is his true and permanent home, to which he has at all times
[200 Misc. 485]
the intention of, sooner or later, returning. (Clapp v. Clapp, 272 App. Div. 378.)
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