In re the Estate of Davis

Foley, S.

In this contested probate proceeding, a question arises as to the inclusion in the order framing the issues, to be submitted to the jury, of the issue relating to the disputed residence or domicile of the testator. The answer filed by the contestant raises the usual grounds of lack of testamentary capacity, undue influence and inadequacy of execution of the will, and further alleges that the testator at the time of his death was domiciled in Paris, France. The contestant demands a jury trial of all these issues.

The proponent contends that the decedent was a resident of the county of…