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

255 A.D. 828 Court N.Y. App. Div. Decision date 1938-10-07 English

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p. 828
In the Matter of the Proof and Probate of the Last Will and Testament of Anna Mary Cleere, Deceased.

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.