In re the Estate of Hart

Foley, S.

The original decision of the surrogate herein (160 Misc. 198) directed the admission of the will and codicil to probate and reserved for further determination two additional issues, (1) the status of the respective claimants as the lawful wife of the testator, (2) the domicile of the testator and whether in the State of New York or in the State of Connecticut. The former issue has now been submitted upon a stipulation as to the facts. The conceded facts contained in it admit only of the following conclusions : that the testator never acquired a bona fide residence in the State of…