Majority
p. 640In the Matter of the Application of Elsie Cameron to Take Her Distributive Share of the Estate of Duncan E. Cameron, Deceased. Mary MacLeod Mayer and Henry Caplan, Individually and as Executors, etc., of Duncan E. Cameron, Deceased, Respondents, Appellants; Elsie Cameron, Petitioner, Respondent.[1]
Decree of the Surrogate’s Court of Richmond county reversed upon the law and the facts and proceeding dismissed, with costs to the executors, payable out of the estate. The finding by the learned surrogate that testator was domiciled at Washington, D. C., at the time of Ms death is contrary to the evidence. While an intention to reside there may have existed, the record discloses no actual residence. (Matter of Newcomb, 192 N. Y. 238 , 250.) Lazansky, P. J., Rich, Kapper, Seeger and Scudder, JJ., concur.
Cases cited
- In re Revocation of Ancillary Letters Testamentary of the Estate of Newcomb 192 N. Y. 238 at 250 p. 640