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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 7, 1938

StatusPublished

This text of 255 A.D. 828 (In re the Proof & Probate of the Last Will & Testament of Cleere) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

Pincite

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.

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Bluebook (online)

255 A.D. 828, 7 N.Y.S.2d 31, 1938 N.Y. App. Div. LEXIS 5456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-proof-probate-of-the-last-will-testament-of-cleere-nyappdiv-1938.