Holyoke v. Estate of Holyoke
Supreme Judicial Court of Maine
On report. These are appeals from the decree of the Judge of Probate in Penobscot County, allowing the will of Frank H. Holyoke, as a foreign will. The appellants contended that Frank H. Holyoke had never changed his domicil from Maine to California, and that the burden to establish it was on the appellees.
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On report. These are appeals from the decree of the Judge of Probate in Penobscot County, allowing the will of Frank H. Holyoke, as a foreign will. The appellants contended that Frank H. Holyoke had never changed his domicil from Maine to California, and that the burden to establish it was on the appellees. At the conclusion of the hearing of the matter in the Supreme Court of Probate, the case was reported to the Law Court for its determination upon so much of the evidence as is legally admissible. The case is stated in the opinion.
1Opinion of the CourtSavage, C. J.
These are .appeal's from the decree of the Judge of Probate in Penobscot County, allowing, as a foreign will, the will of Frank H. Holyoke. One of the appellants is the widow, and the others the sons, of Frank H. Holyoke, by a prior marriage. Mr. Holyoke, who had been a lifelong resident in Maine, first at Brewer and then at Bangor, removed to Pasadena, California, in .1910, and died there, October 3, 1911. His will, which was executed August 8, 1911, was probated as a domestic will in the Superior Court for *471Tos Angeles County, California, a court having jurisdiction in matters of probate.…
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