Texas Attorney General Opinion: O-3248 Page: 4 of 5
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Honorable Patrick D. Moreland, Page 4
In the ease of Lumkin v. Nicholson, 30 8. W. 568,
writ of error denied, it was held that there was some evidence
that the object of removal from the state was to obtain better
educational facilities for the children, that the widow had not
entirely given up the intention of returning to Texas, and that
the Oeceased had stated his intention of reserving his home
there as a "nest-egg" for his family, the court here held that
the Plaintiff had not.abandoned the home. A person's legal
residence or domicile is governed to a large extent by his
intention.
The information furnished us contained no statement
of overt act of Mr. Mays' tending to establish a change of his
domicile since the time he departed to attend the University
of Tennessee. His letter states that he resided temporarily
in other states did not permanently settle there, but always
intended to make Texas-his permanent home. We are fFthler
advised that Wr, Mey parents end grandparents are native.
Texans and that b- ih alw~a isenSdermakn Texas his ple
manent. home. This. is sUnpported by the faet that he returned
to Texas upon obtaeing his Doctor's degree, and has since
that time engaged in theteaohing profession at Baylor. Univer-
sity.
It is true that you have little evidence of the
intention of MrW. ays during his absence from fhe State other
than his occasional return to the State on visits and his stated
intention of returning to. Texas upon completion of his education
We think that the provision requiring citizenship in
Texas for a period of five consecutive years preceding the date
of employment by the Commission was interposed for the purpose
of preserving the employment by the Commission to Texans,
Obviously, they sought to prevent the employment of transient
workers in the administration of the Texas Unemployment
Compensation plan.
In opinion No. 0-1458 addressed to Honorable 0. J.
F. Ellingson under date of December 18, 1939, this department
advised the inquirer that if the person inquired about had
at all times retained an intention of returning to Texas as
his place of residenee that he had maintained a legal residence
in the stats of Texas for a period of two years prior to that
time even though the man had left Texas some fifteen years ago.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-3248, text, 1941; (https://texashistory.unt.edu/ark:/67531/metapth260477/m1/4/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.