In re the Estate of Donner

Foley, S.

In this probate proceeding the will was contested and was admitted by decree. (N. Y. L. J., July 13, 1944, p. 80, col. 5; N. Y. L. J., July 20, 1944, p. 125, col. 6.)

The decree reserved for further determination by supplemental decree the question of the residence of the testatrix at the time of her death. The specific issue was whether the testatrix changed her prior domicile in France to a domicile in New York.

At the trial of that issue, oral and documentary evidence was submitted by the respective parties.

The executor and the beneficiaries under the will contended that Mrs. Donner…