In the matter of the paper-writings purporting to be the last will & testament & codicil thereto of Chadwick

The -opinion of the court was delivered hv

Bergen, J.

The substantial question on this appeal is whether the surrogates of our several counties, or the prerogative court, have jurisdiction to grant original probate of a will of a non-resident testator domiciled in a sister state at the time of his death.

While the precise question raised by the record relates to the power of a surrogate to admit srjch will to probate, the jurisdiction of the prerogative court in a like case is so connected with the principles of law involved, that it was of necessity argued and should be disposed of in…