In re the Estate of Lefevre

Foley, S.

The motion to strike out paragraphs 1 and 5 of the

answer filed in this probate proceeding is denied. The demand made in paragraph 5 of the answer for a preliminary trial of the issue with respect to the residence of the decedent, is likewise denied. It is conceded that the decedent left personal property in New York county, which fact gives this court jurisdiction to admit the will to probate, even if the allegation contained in paragraph 1 of the answer that the decedent died a resident of France were true. (Matter of McCullough, 129 Misc. 113, and the cases therein cited.) In the…