Peterson v. Chemical Bank
The Superior Court of New York City
Aabon Cohen, domiciled at New Haven, in the state of Connecticut, where he had resided for six years, died, at that place, in July, 1862, leaving assets there, and a last will and testament, which was admitted to probate by the probate court within and for the district of New Haven, and the executors named in the will having failed to accept and discharge the trust, a grant of administration, with the will annexed, was made to David J. Peck, Esq. city judge of New Haven, at…
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Aabon Cohen, domiciled at New Haven, in the state of Connecticut, where he had resided for six years, died, at that place, in July, 1862, leaving assets there, and a last will and testament, which was admitted to probate by the probate court within and for the district of New Haven, and the executors named in the will having failed to accept and discharge the trust, a grant of administration, with the will annexed, was made to David J. Peck, Esq. city judge of New Haven, at the request of the next of kin, and upon his giving a bond, with approved sureties, in the sum of $200,000. At the time…
1Opinion of the Court
By the Court,
Robertson, J.
There is nothing in the evidence in this case that points at any other places of residence of the decedent (Cohen) than the cities of Hew York or Hew Haven; and assuming that each place in turn became his residence according to the particular season of the year, the animus manendi at the latter city at the time of his death clearly appears, as well by his declarations as his acts to carry out such intention, the evidence of which is wholly uncontradicted. That was, therefore, properly withdrawn from the consideration of the jury, and the state of Connecticut must be…
2Cases cited15 opinions
- Parsons v. . LymanNew York Court of Appeals · 1859
- Petersen v. . Chemical BankNew York Court of Appeals · 1865
- Hoyt v. . ThompsonNew York Court of Appeals · 1851
- Greenby v. WilcocksNew York Supreme Court · 1806
- Hatcher v. . RocheleauNew York Court of Appeals · 1858
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3Cited by1 opinion
- Wright v. Oakey, Hawkins & Co.Supreme Court of Louisiana · 1861