Legal Opinion

In re Stover

New York Surrogate's Court

Decided October 15, 1879PublishedCited by 2 opinions

Application for the probate of the will of John A. ■Stover, deceased, Objection was raised to the jurisdiction The facts appear sufficiently in the opinion.

1Opinion of the Court

. The Surrogate.—The statute provides that the Surrogate of each county shall have exclusive jurisdiction within his county, to take proof of the last wills and testaments of all deceased persons, where the testator at, or immediately previous to, his death, was an inhabi*83tant of the county of such Surrogate, in whatever place such death may have happened. (3 R. S., 76, § 24, subdivision 1 [6 ed.].) This is the only subdivision relating to the question of jurisdiction applicable to this case, for the reason that decedent died in this state, and not in this county.

The testimony shows…

2Cases cited2 opinions

  1. Isham v. GibbonsNew York Surrogate's Court · 1849
  2. Graham v. Public AdministratorNew York Surrogate's Court · 1856

3Cited by2 opinions

  1. In re the Estate of DialogueNew York Surrogate's Court · 1936
  2. In re the Probate of the Will of BrantNew York Surrogate's Court · 1899

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