In re the Estate of Vischer

Samuel J. Silverman, S.

This is a motion to dismiss a petition for original probate, for lack of jurisdiction, both as a matter of law and in the exercise of the.court’s discretion.

Decedent died in New Hampshire. Decedent was a nonresident of New York. The proponent-executrix, decedent’s widow, contends that decedent was and that she is a domiciliary of Vermont and that decedent was a citizen of the United States. The moving party, decedent’s daughter, contends that decedent was a domiciliary of Zurich, Switzerland and that he had dual *913nationality being a citizen both of the United States and…