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Peittioner Challenges Jurisdiction of Probate Proceeding


This is a probate case involving the last will and testament of Daniel Joseph Roach. The case is being heard in the Surrogate’s Court of Suffolk County in the state of New York. The petitioner and proponent in the case is Mary A. Hennessy. She is represented by Joseph L. Callahan. The respondent in the case is Daniel Joseph Roach Jr. He is represented by the law firm of Fennelly & Fennelly from New York City.

The respondent in this case, Daniel J. Roach Jr. is appearing especially in front of this court to challenge the jurisdiction in regard to the probate proceeding of the decedent, Daniel Joseph Roach. The respondent states that at the time of his death, Daniel Joseph Roach was a resident of Kings County and therefore the probate should be held in the Kings County Surrogate Court.

Facts of the Case

The facts of this case are not being disputed. A New York Probate Lawyer said it is known that the decedent was committed to the Kings Park State Hospital on the 26th of April in the year 1954. In August of 1954, Daniel Joseph Roach was determined to be an incompetent person by an order that was issued by the Supreme Court of Kings County. This order stated that the decedent was a resident of Kings County.

The order made by the Supreme Court declaring the decedent as an incompetent person also appointed Mary A. Hennessy, who is from Huntington, which is located in Suffolk County, as the committee for the person and the property of the incompetent Daniel Roach. The decedent passed away on the 29th of March, 1955, while he was a patient in the Kings Park State Hospital.

Mary A. Hennessy, who remains a resident of Huntington in Suffolk County was named as the executrix in the will left by the decedent. She is the petitioner in this case.

The question before the court is whether the decedent passed away as a resident of Kings County or Suffolk County.

Court Discussion and Decision

The court has reviewed all of the facts of the case that have been presented. Bronx Probate Lawyers said that upon review of the case the court has determined that the decedent was a resident of Kings County at the time of his death. In the matters regarding the will of the decedent, probate should be issued in Kings County.

The objection that is made by the respondent is sustained. Brooklyn Probate Lawyers said that the petition for probate in the Surrogate Court of Suffolk County is dismissed. The petitioner will need to move the petition for probate to the Surrogate Court of Kings County for this particular case.

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