24 Misc. 357 | N.Y. Sur. Ct. | 1898
Fitzgerald, S.
This is an application for letters of administration by a nephew of decedent claiming that the said decedent was, at the time of his death, a resident of this county, although his death happened in Oneida county. Section 2476, Oode of Civil Procedure, subdivision 1. The application is opposed by a. brother of decedent, who claims that the decedent was a resident of the county wherein he died, and that to the surrogate of that county .belongs the jurisdiction of issuing letters upon his estate. The decedent was a lawyer, and had been engaged in the practice of his profession in this city, where he resided for many years prior to October, 1894. In that month, while being in a condition of mind that probably incapacitated him from effecting a change of residence by his, own volition, he accompanied or was taken by his brother to the home of the latter, in Oneida county, in this State. In the following April he was placed in a private sanitarium or asylum in Connecticut for treatment and finally returned to his brother’s home, where he passed the last two years of his life. In April, 1897, his brother was appointed the commit-
Application dismissed.