MATTER OF BRUNNER


41 N.Y.2d 917 (1977)

In the Matter of The Estate of Sam W. Brunner, Deceased. Suzanne Brunner et al., Respondents; Jay Hochman et al., Appellants.

Court of Appeals of the State of New York.

Decided March 22, 1977.


Attorney(s) appearing for the Case

Julius G. Hirsch and Edward V. Finn for appellants.

Joseph A. Cox, Shirley Cherin and Robert E. Steinberg for Suzanne Brunner, respondent.

Robert Markewich and Jon Quint for Robert Denape, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

The testator was once domiciled in New York, but since he had moved to France, and died there, the question is whether France was his domicile at the time of death. SCPA 103 (subd 15) defines domicile as "A fixed, permanent and principal home to which a person wherever temporarily located always intends to return." It has been noted that this statute codifies case law under which a domicile is a place which the...

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