In re Application of Shaw

In In re Application of Shaw, Case No. 10-CC-2817(2010) the decedent was born in Mississippi; moved to Chicago when he was two years old to live with his grandmother; went to college in Houston, Texas during which his grandmother died; and moved his belongings into his uncle's home in Illinois. SFC Shaw never moved back to Illinois after college as he enlisted in the military. The decedent married and lived with his wife on military bases. In Shaw, the decedent maintained an Illinois driver's license and maintained his voter registration in Illinois. The Court noted that the Act does not define "residency". The Court reasoned that "residence" and "domicile" are generally synonymous and analyzed other jurisdictions' interpretations of the domicile of military personnel. The Court issued three important determinations. First, an adult neither acquires new domicile nor abandons previous domicile by entering the military. Second, a person in the military retains the residency of the State from which he was inducted until he either abandons the previous residence or establishes a new residence. Third, there is a rebuttal presumption that a person in the military retains residence in the state from which he was inducted. See In re Application of Shaw, Case No. 10-CC-2817 (2010).