Dupuy v. . Wurtz
New York Court of Appeals
AppEAnfrom judgment of the General Term of the Supreme Court in the first judicial department, affirming a decree of the surrogate of the county of New York admitting to probate the will of Martha P. Wurtz, deceased. The testatrix was the widow of John Wurtz, deceased, and died without children. Her will was made and executed at Nice, November 21, 1868. It covered real and personal property, and was executed and published in accordance with the laws of this State.
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AppEAnfrom judgment of the General Term of the Supreme Court in the first judicial department, affirming a decree of the surrogate of the county of New York admitting to probate the will of Martha P. Wurtz, deceased. The testatrix was the widow of John Wurtz, deceased, and died without children. Her will was made and executed at Nice, November 21, 1868. It covered real and personal property, and was executed and published in accordance with the laws of this State. The probate was contested upon the ground that the will was not executed according to the laws of France, where the contestants…
1Opinion of the CourtRapallo, J.
When Mrs. Wnrtz went to Europe with her husband, in 1859, she was domiciled in the city and State of New York. She and her husband were natives of the United States. It does not appear in the case that she ever had had any domicil except in this State, and it seems to be conceded on both sides that this was her domicile of origin.
It is not pretended that she or her husband had abandoned their domicil in New York up to the time of his death in Europe in 1861; and from the evidence, which we have carefully examined, but do not consider it necessary to recite in detail, we are clearly, of…
2Cases cited5 opinions
- Isham v. GibbonsNew York Surrogate's Court · 1849
- In re Roberts' Will & CodicilNew York Court of Chancery · 1840
- Graham v. Public AdministratorNew York Surrogate's Court · 1856
- Hegeman v. FoxNew York Supreme Court · 1860
- White v. BrownU.S. Circuit Court for the District of Eastern Pennsylvania · 1848
3Cited by141 opinions
- Pusey's EstateSupreme Court of Pennsylvania · 1935
- De Meli v. . De MeliNew York Court of Appeals · 1890
- Rubin v. Irving Trust Co.New York Court of Appeals · 1953
- New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
- In Re the Estate of TrowbridgeNew York Court of Appeals · 1935
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