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In re the Probate of the Paper Propounded as the Will of Davison

1 Tuck. Surr. 479 Court N.Y. Sur. Ct. English

Contents

Majority

p. 479
The probate of the paper propounded as the Will of Asa T. Davison.

Headnote

Testator was domiciled- and died in New Jersey. His will of personal property was made there,..while a minor. It was not good under the law of New Jersey. Held, that this was a question of the lex loci, and probate denied.
Ashley, Turner & Kirkland'mid Wm. H. LEtn?p,/»r the Proponents. ■ , ,, ...
Gleason & Babcock,/»)' Contestants.
' R. L. Larremore, Special Guardian for' Infant.
.Asa T. Davison lived and died in the.State of:Hew Jersey, on the .29th .of June, 1868, .aged eighteen years and ten months. The instrument^ offered as a will of personal property only, was, executed by him,' after .he had
p. 480
attained the age,of eighteen years, iii the"State of New Jersey. It was admitted that by the "laws of that State, the instrument was invalid as á will of personal property,, the decedent not-possessing testamentary capacity, because not twenty-one years of age. On this state of facts argument was had before the Surrogate, on petition for probate! ." "

Asa T. Davison -lived and died in New Jersey. He never had a -domicil "in the State of New York. Had he had, he could have made a will "of his personal property, after he had arrived at the eighteen years." But he could not do so in the State of New Jersey! This a question of the lex loei. Probate denied. ■