Forgo, an illegitimate Bavarian national, was born with a domicile in Bavaria, but lived most of his life in France without ever acquiring a “domicil” under France law.

 He left movable property in France but no relatives except for some remote collateral relatives of his mother. These could not succeed him under French law, and under French law the property, being ownerless, would go to the French state. Under Bavarian law they could succeed.

The French courts would determine the question by applying Bavarian law but the state argued that the Bavarian courts would apply French law, and the French courts should do likewise.