In re the Proof & Probate of the Last Will & Testament of Cleere

Appellate Division of the Supreme Court of New York

In re the Proof & Probate of the Last Will & Testament of Cleere

255 A.D. 828, 7 N.Y.S.2d 31, 1938 N.Y. App. Div. LEXIS 5456

Appellate Division of the Supreme Court of the State of New York·Decided October 7, 1938·Published

Opinion

Decree affirmed, with costs to the proponent against the contestants. Memorandum: Much the greater weight of evidence supports the surrogate’s decision that decedent was a resident of Seneca county at the time of her death. Hence the Surrogate’s Court of that county has exclusive jurisdiction to entertain a proceeding for the probate of the will. (Surr. Ct. Act, § 45.) All concur. (The decree determines the jurisdiction of the Surrogate’s Court.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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Decree affirmed, with costs to the proponent against the contestants. Memorandum: Much the greater weight of evidence supports the surrogate’s decision that decedent was a resident of Seneca county at the time of her death. Hence the Surrogate’s Court of that county has exclusive jurisdiction to entertain a proceeding for the probate of the will. (Surr. Ct. Act, § 45.) All concur. (The decree determines the jurisdiction of the Surrogate’s Court.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

In re the Proof & Probate of the Last Will & Testament of Cleere, 255 A.D. 828, 7 N.Y.S.2d 31, 1938 N.Y. App. Div. LEXIS 5456 (N.Y. Ct. App. 1938).

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255 A.D. 828 (In re the Proof & Probate of the Last Will & Testament of Cleere) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.