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MATTER OF McCONVILLE

225 A.D.2d 455 (1996)

639 N.Y.S.2d 345

In the Matter of The Estate of Dorothy H. McConville, Also Known as Dorothy R. Havemeyer, Deceased. Gene M. Pranzo, as Executor, Appellant; Anne Svoboda, Respondent

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

March 21, 1996

As found by the Surrogate, the resolution of the issue as to whether the royalty interest in oil located in Texas should be considered real property, and thus governed by Texas law, or personalty, and thus governed by New York law, requires resort to the law of Texas, inasmuch as it is the local law of the jurisdiction in which the land is situated which determines whether the property may be considered real or personal (EPTL 3...

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