Legal Opinion

In re the Probate of the Will of Webber

New York Surrogate's Court

Decided June 28, 1946PublishedCited by 17 opinions

1Opinion of the Court

McGarey, S.

The respondent distributees question the jurisdiction of this court in probate proceedings, claiming that the decedent, at the time of her death, was domiciled in and a resident of Westchester County.

The facts are not in dispute.

The decedent for many years prior to June, 1942, lived in Kings County, where she owned and occupied a one-family dwelling. In June, 1942, she became mentally incapacitated and was, at the instance of the proponent herein, removed and admitted to the New York Hospital in White Plains, Westchester County. Her home, however, remained intact.

In December of…

2Cases cited24 opinions

  1. In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
  2. Dupuy v. . WurtzNew York Court of Appeals · 1873
  3. Lámar v. MicouSupreme Court of the United States · 1884
  4. Wood v. WoodNew York Court of Chancery · 1836
  5. Crawford v. WilsonNew York Supreme Court · 1848

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

3Cited by17 opinions

  1. In re the Estate of UrdangAppellate Division of the Supreme Court of the State of New York · 1993
  2. First Trust & Deposit Co. v. GoodrichNew York Court of Appeals · 1957
  3. In re the Accounting of BarlettaNew York Surrogate's Court · 1956
  4. In re EsserNew York Surrogate's Court · 1963
  5. In re the Accounting of Brooklyn Trust Co.New York Surrogate's Court · 1948

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

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