In re the Probate of the Will of Heller-Baghero

Stetjeb, J. (dissenting).

The decedent died a resident and domiciliary of Austria. On September 1, 1967, a will of the decedent dated July 1962 was admitted to probate in a competent Austrian court. On October 28, 1968, this proceeding was begun in the Surrogate’s Court of this county for the probate of a will of the same decedent dated February 5, 1964. Objections to the probate were stricken by the Surrogate.

It is pointless to discuss what the. law is in regard to the probate of a will of a nonresident where no prior proceedings for probate have been entertained in any other jurisdiction. As…