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MATTER OF WHITHORNE

29 Misc.2d 27 (1961)

In the Matter of The Estate of Emerson Whithorne, Deceased.

Surrogate's Court, New York County.

January 20, 1961

Attorney(s) appearing for the Case

Cahill, Gordon, Reindel & Ohl (John C. Emery of counsel), for Edwin E. Miller and another, as executors, petitioners. Milbank, Tweed, Hope & Hadley (Robert A. Kennedy of counsel), for Jane Whithorne, respondent. James J. Leff, as special guardian for Elizabeth Osborne and others, infants, respondent.

S. SAMUEL DI FALCO, S.

This proceeding was initiated upon the petition of the executors for the purpose of determining whether decedent at the time of his death was domiciled in New York or Connecticut. A stipulation of facts has been submitted to the court.

In 1932 decedent married the respondent in the State of Illinois. Shortly thereafter they moved to New York. It is conceded that from 1932 to 1943...

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