Higgins v. Eaton
U.S. Circuit Court for the District of Northern New York
In Equity. Bill by Susan C. Higgins against Hervey E. Eaton, as executor of Elizabeth S. Eatorb deceased. On demurrer to a bill in equity. The facts stated in the bill are detailed below. Elizabeth S. Eaton died domiciled in Ann Arbor, Washtenaw county, Mich., in May, 1906, leaving a last will and testament and a codicil thereto.
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In Equity. Bill by Susan C. Higgins against Hervey E. Eaton, as executor of Elizabeth S. Eatorb deceased. On demurrer to a bill in equity. The facts stated in the bill are detailed below. Elizabeth S. Eaton died domiciled in Ann Arbor, Washtenaw county, Mich., in May, 1906, leaving a last will and testament and a codicil thereto. Her estate consisted of about $50,000 worth of personal property, almost all of which was situated in Madison county, N. Y. Soon after the death of the testatrix, and on or about the 28th of May, 1906,' the present defendant who had the will in his possession, and…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). .The bill rests upon a misconception of the effect of the Michigan probate and of the rule that the law of the domicile controls the disposition of decedent’s personalty. As to the assets actually in New York no law applies but the law of New York, for all probate is in rent, nor can the law of Michigan have anything whatever to do with them. It is no doubt a part of the law of New York, as it is that of many other civilized states, that it will observe those rules in relation to the disposition of personalty which exist in Michigan, so far as the New York…
2Cited by4 opinions
- Perry v. BrownSupreme Court of Rhode Island · 1912
- Higgins v. EatonU.S. Circuit Court for the District of Northern New York · 1911
- In re the Estate of EatonNew York Surrogate's Court · 1925
- Watkins v. Madison County Trust & Deposit Co.District Court, N.D. New York · 1930