MATTER OF BILLY


7 A.D.2d 614 (1958)

In the Matter of The Estate of Donna F. Billy, Deceased. Kathleen G. Billy, Appellant; De Forrest Billy, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 17, 1958


Decree reversed on the law and facts and petition in Cattaraugus County dismissed, without costs of this appeal to any party. Certain findings of fact disapproved and reversed and new findings made.

Memorandum:

The Surrogate has found that the infant at the time of her death was domiciled in Cattaraugus County. There was no evidence upon which to base such a finding. The parents had separated in 1947 and the mother established a separate domicile with the...

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