Rackemann v. Taylor

Ksowltoh", C. J.

The fundamental question in this case is whether the petitioner for the probate of the will of Caroline E. Johnson, late of the city of New York, State of New York, deceased, shall be given an opportunity to establish the will, if he can, in the courts of Massachusetts, before it has been allowed in the domicil of the testatrix. The following facts, among others, are agreed:

The testatrix died at her home in New York, which was the place of her domicil, on April 24, 1908. She had not been domiciled in Massachusetts since her marriage in 1847. For sixty years she had resided in…