Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume 117 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...filed in the surrogate's oflice on July 19, 1906, a petition asking that said paper be admitted to probate as the last will and testament of said Rubens. The petition contained the following allegation: " That the said deceased was at the time of his death a resident of the city of Paris, France, and departed this life in said city of Paris, France, on the 1st day of June, 1906, leaving assets within a First Department, February, 1907. Vol. 117. the State and county of New York.;' A number of the next of kin have filed objections to the probate, alleging, among other things, that the deceased, at the time he executed the alleged will, was a resident of and domiciled in the city of Paris, France, and that the said alleged will was not executed according to the laws of the said deceased's residence, to wit, the Republic of France, and hence that the surrogate has no jurisdiction to entertain the pro--ceeding for the probate of said will or to admit it to probate. Said objectors seem to be disposed to urge, if we may judge from their briefs, that this particular objection is sought to be established by the statement quoted above from the petition. The petitioner now seeks to amend his petition by alleging, in place of the allegation quoted above, the following: "That the said deceased departed this life on the 1st day of June, 1906, at the city of Paris, France, where he then was and had for many years previous to his said death, been a sojourner or temporary resident, leaving assets within the State and county of New York. That he was at the time of his death a citizen of the United States, and a domiciled resident of the city and county of New York." The surrogate denied the motion for the...