Legal Opinion
In re Proving the Last Will & Testament of Lowrie
New York Surrogate's Court
Decided May 14, 1929Published
1Opinion of the CourtSchulz, J.
This motion to dismiss a probate proceeding was made upon the ground that the court was without jurisdiction to *193entertain and determine it. In this matter jurisdiction depends upon whether or not the decedent was a resident of the county of Bronx, or if he was a non-resident of the State of New York, whether or not he left property within such county. (Surrogate’s Court Act, §§ 45, 46.) Pursuant to a memorandum (Estate of Lowrie, N. Y. L. J. March 29, 1929) a hearing has been had.
The decedent had for many years been a resident of the State of New Jersey, but owing to some estrangement with…
2Cases cited8 opinions
- Dupuy v. . WurtzNew York Court of Appeals · 1873
- Comptroller of the State of New York v. Metropolitan Trust Co.Appellate Division of the Supreme Court of the State of New York · 1916
- People ex rel. Blocher v. CrowleyAppellate Division of the Supreme Court of the State of New York · 1897
- Webster v. M. W. Kellogg Co.Appellate Division of the Supreme Court of the State of New York · 1915
- In re the Appraisal, Under the Transfer Tax Law, of the Estate of WiseNew York Surrogate's Court · 1914
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