Winsor's Estate

Citations

• 264 Pa. 552
• 107 A. 888
• 1919 Pa. LEXIS 696

Syllabus

<p>Decedents’ estates — Domicile of decedent — Intention—Declaration in will — Evidence — Existing circumstances — Probate of will — Family or principal residence — Register of Wills Act of June 7,1917, P. L. 415, Section 4.</p> <p>Philadelphia County and not Montgomery County must be regarded as the family or principal residence of a decedent at the time of his death for the purpose of probating his will, where it appeared that he maintained a home in Philadelphia County for fifty years and declared in his will, which was prepared with great care after repeated consultations with his attorney, that he resided in Philadelphia, although his death took place in his country home in Montgomery County, which he had maintained for about thirty-five years, and he had, up to the time he executed his will, regarded Montgomery County as his domicile, as he spent the major portion of each year there, had registered and voted there, and made annual returns to the assessor of that county of his personal property for the purpose of taxation, it appearing further that after the execution of his will, which was about five and one-half months before his death, he neither said nor did anything indicating that he longer regarded his principal residence as located in Montgomery County.</p>