Appellate Division of the Supreme Court of New York, 1937

In re the Probate of the Last Will & Testament of Ash

In re the Probate of the Last Will & Testament of Ash
Appellate Division of the Supreme Court of New York · Decided July 2, 1937
251 A.D. 893; 298 N.Y.S. 635; 1937 N.Y. App. Div. LEXIS 8188
In re the Probate of the Last Will & Testament of Ash

Opinion of the Court

Order denying motion to dismiss the above proceeding for lack of jurisdiction on the part of the surrogate of Westchester county, or, in the alternative, to transfer and remit said proceeding to the Surrogate’s Court of New York county, reversed on the law and the facts, and the matter remitted to the Surrogate’s Court of Westchester county for the taking of proof on the issue of residence, with costs, payable out of the estate, to all parties filing briefs. Lazansky, P. J., Hagarty, Carswell, Davis and Johnston, JJ., concur.

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