158 Misc. 246 | N.Y. Sur. Ct. | 1936
Petitioner seeks probate of the alleged last will and testament of deceased. She asserts among other things that deceased at the time of her death was a resident of the county of
There was marked in evidence a set of papers which were filed in the Court of Chancery in New Jersey during the lifetime of deceased. In that set of papers is included an affidavit of deceased made about three months after she left New Jersey and came to her sister’s home. In it she says:
“11. I do not intend to return to my home in Westfield, which is also mine, having been formerly owned by my deceased husband, until I am able to walk with greater ease than at the present time, and until my husband obtains steady employment and refrains from excessive drinking.”
This declaration of deceased characterizes her act in leaving her home and negatives wholly any idea that she had taken up a new domicile in the State of New York. All of the factors which deten mine domicile compel the conclusion that her actual domicile was her domicile of origin and her matrimonial domicile and that such domicile continued to be and at the time of her death was the State of New Jersey.
It is apparent that the courts of the State of New Jersey already have before them substantial controversies concerning the property of deceased. These were initiated in the lifetime of deceased. That State is the State in which the real property of deceased is
Submit, on notice, decree accordingly.