In re the Estate Renard

OPINION OF THE COURT

Millard L. Midonick, S.

This motion by the decedent’s son, who is a resident of California, for an order dismissing the pending proceeding to probate his mother’s so-called "New York will” raises an interesting question of jurisdiction. Movant disputes the jurisdiction of this court to probate the will of a nondomiciliary which requests New York probate and invokes New York law on the ground that her French domicile has assumed jurisdiction over her estate. The motion is opposed by the petitioners in the probate proceeding, the coexecutors named in this will, who are…