In re the Probate of the Will of Brant

Varnum, S.

In this matter a trial was had before Mr. Surrogate Arnold, who, at the termination thereof, filed an opinion or memorandum to- the effect that the will should be admitted to probate. Upon the settlement of the decree, however, the contestant raised the question of the jurisdiction of this court to take any action in the premises, contending that the decedent was not a resident of this county, but of Piermont, in Rockland county. Of course, upon his residence here our jurisdiction must rest. Code Civ. Pro., § 24-76. And the mere fact that the parties consented to proceed with the…