Appellate Division of the Supreme Court of New York, 1947

In re the Probate of the Will of Sorrentino

In re the Probate of the Will of Sorrentino
Appellate Division of the Supreme Court of New York · Decided June 16, 1947
272 A.D.2d 919
In re the Probate of the Will of Sorrentino

Opinion of the Court

In a probate proceeding, decree of the Surrogate’s Court, Kings County, declaring that the testator was domiciled in and a resident of Kings County at the time of his death, and admitting an instrument to probate as his will, under subdivision 1 of section 45 of the Surrogate’s Court Act, affirmed, with costs to petitioner-respondent, payable out of the estate. No opinion. Johnston, Adel and Sneed, JJ., concur; Cars-well, Acting P. J., and Nolan, J., dissent and vote to reverse the decree and to deny probate on the ground that at the time of his death and prior thereto testator’s "existing domicile” was Teaneck, New Jersey.

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