Legal Opinion

In re the Judicial Settlement of the Accounts of Bushbey

New York Surrogate's Court

Decided May 15, 1908PublishedCited by 1 opinion

Proceeding upon the probate of a will.

1Opinion of the Court

Crosby, S.

By stipulations made in open court the several parties interested in this matter have eliminated all questions from the case except these two, viz.: First, whether as a matter of fact Mary F. Phelps intended to change her residence from Columbus, Penn., to Jamestown, N. Y., on or about April 1, 1905; and, Second, whether as a matter of law such intent,, coupled with her actual removal to Jamestown and her continued stay there till her death on May 13, 1905, could operate to give her a residence separate from her husband who, it is conceded, lived all the time in Pennsylvania.

*452Let us…

2Cases cited6 opinions

  1. Hunt v. . HuntNew York Court of Appeals · 1878
  2. Atherton v. . AthertonNew York Court of Appeals · 1898
  3. Jones v. JonesNew York Supreme Court · 1894
  4. In re the Probate of the Last Will & Testament of WalkerNew York Surrogate's Court · 1907
  5. Amsinck v. RogersAppellate Division of the Supreme Court of the State of New York · 1905

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Younger v. GianottiTennessee Supreme Court · 1940

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