Ames v. Duryea
New York Supreme Court
This was an appeal from the decree of the surrogate of Chautauqua county, admitting to probate the will of Emma Louisa Ames, who died at Dunkirk in that county in November, 1869. The facts, as they appeared in evidence, from the testimony of the appellant, are stated in the-opinion.
1Opinion of the Court
Mullís, P. J.
The appellant resisted the prohate of his wife’s will -before the surrogate of Chautauqua county on the ground that she was, at the time of making her will and of her death, domiciled in the State of Indiana, and, therefore, the laws of that State controlled the disposition of her property; that after the making of the will she gave birth to a child; and, by the laws of Indiana, on the birth of a child, a will theretofore made is revoked; and hence the property of the deceased descended to her next of kin, as in case of intestacy.
The facts bearing on the question of domicile are…
2Cited by4 opinions
- In re the Appraisal under the Transfer Tax Law of the Estate of GrantNew York Surrogate's Court · 1913
- Emery v. EmeryMassachusetts Supreme Judicial Court · 1914
- In re the Will of DukeNew York Surrogate's Court · 1943
- Zimmerman v. ZimmermanOregon Supreme Court · 1944