11 N.J. Misc. 233 | N.Y. Sur. Ct. | 1932
Mary E. Collins died January 16th, 1930. On the petition of Savings, Investment and Trust Company of East Orange, reciting that she died a resident of Essex county, it was appointed administrator of her estate of May 21st, 1930, by the surrogate of Essex county. It has administered the estate and filed its final account, which, however, has not yet been approved by the Orphans Court. It then, on April 14th, 1932, filed a petition to the Orphans Court for a decree of distribution, alleging therein that doubt had arisen as to whether the decedent, at the time of her death, was domiciled in New Jersey or in New York. If her domicile was in New York, distribution under the law of that state would be different from distribution under the law of this state. On June 29th,
Caleb and Margaret Collins, his wife, resided at Woodmere, Long Island, New York State, for almost forty years. The decedent, Mary E. Collins, was their only daughter. Throughout her infancy and during her majority and until her death she was mentally incompetent. In 1924, her mother, Margaret Collins, died at Woodmere. Soon thereafter, her father, Caleb Collins, placed the daughter, who was then an adult,with the Misses Kenton of Kearny, New Jersey, as a boarder and under their care. He paid her board and furnished other necessities of life for her until his death. The decedent remained with the Kentons until her death, except for a short time when she was in an institution. Caleb Collins died July 30th, 1925. His will, dated July 23d, 1925, recites that he was resident in Woodmere; the probate proceedings were in Hassau county, Long Island. It is thus established that Caleb and Margaret Collins, were domiciled in Woodmere, Long Island.
During the minority of Mary E. Collins her domicile was in Woodmere, Long Island, because of her father’s domicile there. Blumenthal v. Tennenholz, 31 N. J. Eq. 194; Hess v.
General letters of administration were granted by the surrogate of Essex county, in which county she died, upon representations that she was a resident of that county. In view