MATTER OF VISCHER


53 Misc.2d 912 (1967)

In the Matter of The Estate of Charles Vischer, Deceased.

Surrogate's Court, New York County.

May 10, 1967


Attorney(s) appearing for the Case

Joseph Kaskell for Marie W. Vischer, as executrix, petitioner. Goldstein, Judd & Gurfein for Jenny Von Nagel, respondent.


SAMUEL J. SILVERMAN, S.

This is a motion to dismiss a petition for original probate, for lack of jurisdiction, both as a matter of law and in the exercise of the court's discretion.

Decedent died in New Hampshire. Decedent was a nonresident of New York. The proponent-executrix, decedent's widow, contends that decedent was and that she is a domiciliary of Vermont and that decedent was a citizen of the United States. The moving party, decedent's...

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