In re the Estate of Leonori

Foley, S.

In this contested probate proceeding a preliminary issue arises as to the residence of the decedent. The proponent of the will alleges that the decedent was a resident of New York county at the time of his death. The contestant, who is the widow, claims that the decedent was a resident of St. Louis, Mo. The further question is presented as to whether, if the decedent resided in Missouri, the Surrogate’s Court of New York county shall continue jurisdiction of the proceeding because of the fact that the testator left property within New York county. I hold that the testator, at the…