Judges: WHITFIELD, C.J.
Attorneys: Redfearn Ferrell, for Appellant;
John M. Murrell and J.H. Mercer, for Appellee.
John Neville Boyle as Amicus Curiae, of New York, Counsel for Ancillary Executor, Appellant.
Filed: Sep. 11, 1936
Latest Update: Mar. 02, 2020
Summary: This suit relates to the due probate of a will which begins: "I, Kaufman Mandell, of the City of New York, State of New York, now residing at No. 3012 Southwest Eighth Street, Miami, Florida, being of sound and disposing mind, do hereby make, publish and declare this to be my Last Will and Testament," and concludes: "IN WITNESS WHEREOF I have hereunto set my hand and seal this 13th day of September, A.D. 1933, Dade County, Florida." The will disposed of property in Florida and in New York. One o
Summary: This suit relates to the due probate of a will which begins: "I, Kaufman Mandell, of the City of New York, State of New York, now residing at No. 3012 Southwest Eighth Street, Miami, Florida, being of sound and disposing mind, do hereby make, publish and declare this to be my Last Will and Testament," and concludes: "IN WITNESS WHEREOF I have hereunto set my hand and seal this 13th day of September, A.D. 1933, Dade County, Florida." The will disposed of property in Florida and in New York. One of..
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It seems that the weight of the New York decisions is to the effect that the word "resident" as used in the New York statute means a person domiciled in that State. This would render the judgment of the New York Court res judicata on that question so far as this appellee is concerned, he having personally appeared in the New York Court.
