Estate of Read v. Baker

It is a general rule in the states of the Union that a will is to be probated at the domicile of the testator at the time of death. 2 Schouler, Wills (5th ed.) §§ 1001a et seq., 1055, 1091, 1092; Page, Wills, §315; Thompson, Wills, § 487; 28 Ruling Case Law, 364; Will of Eaton, 186 Wis. 124, 202 N. W. 309.

The jurisdiction of the county court was challenged on the ground that the testatrix, at the time of her death, was not a resident of Fond du Lac county nor of this state. It was the duty of the court to thereupon ascertain the fact, and if the fact appeared that testatrix was a nonresident…