Appellate Division of the Supreme Court of New York, 1938

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

In re the Proof & Probate of the Last Will & Testament of Cleere
Appellate Division of the Supreme Court of New York · Decided October 7, 1938
255 A.D. 828; 7 N.Y.S.2d 31; 1938 N.Y. App. Div. LEXIS 5456
In re the Proof & Probate of the Last Will & Testament of Cleere

Opinion of the Court

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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