In re the Estate of Warburg

Foley, S.

This is a motion to dismiss an independent proceeding begun for the purpose of securing the admission of the will of the decedent to probate. In the latter proceeding an application was also made for the issuance of letters of administration with the will annexed to Martha C. Buhler, one of the residuary legatees, but a person not named as executor in the will. The testator died on October 8, 1924, in Germany, the country of his legal residence and domicile. The motion is made by the foreign executors upon the ground, first, that the original probate of a foreign will cannot, under…