Legal Opinion

In Re Proving the Will of Daggett

New York Court of Appeals

Decided January 6, 1931PublishedCited by 44 opinions

1Opinion of the CourtPound, J.

The question is whether the Surrogate’s Court of New York county or the Surrogate’s Court of Orange county has exclusive jurisdiction of proceedings to probate the will of Mabel Potter Daggett, deceased. (Surrogate’s Court Act, § 45, subd: 1.) Of which county was testatrix a resident at the time of her death? It has been held that she was a resident of New York county.

The executor named in the will, Chatham Phenix National Bank and Trust Company, alleges in its petition that Mrs. Daggett was a resident of New York county. She so describes herself in the will and elsewhere. Her husband, John…

2Cases cited10 opinions

  1. In Re Revocation of Ancillary Letters Testamentary of the Estate of NewcombNew York Court of Appeals · 1908
  2. Hunt v. . HuntNew York Court of Appeals · 1878
  3. Williamson v. OsentonSupreme Court of the United States · 1914
  4. In Re the Application for Letters of Guardianship of the Person & Property of ThorneNew York Court of Appeals · 1925
  5. Dean v. DeanNew York Court of Appeals · 1925

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3Cited by44 opinions

  1. Vanderbilt v. VanderbiltNew York Court of Appeals · 1956
  2. Perkins v. Guaranty Trust Co.New York Court of Appeals · 1937
  3. Cocron v. CocronNew York Supreme Court · 1975
  4. Usher v. UsherAppellate Division of the Supreme Court of the State of New York · 1973
  5. Pignatelli v. PignatelliNew York Supreme Court · 1938

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