A woman who lived for thirty years with her niece in New York executed a will sometime on February 5, 1955. In will, she distributed her estate to her son who was a resident of Wayne County and her niece who was a resident of New York County. The woman just before her death stayed with her son at his home in Wayne County.
He filed a petition for probate in Wayne County. The niece who was a legatee in the will filed an objection to the probate of the will. Her objection centers on whether or not the Surrogate’s Court of Wayne County has jurisdiction over the probate petition seeing as the domicile of the testator, her aunt was New York.
Before deciding on the issue of whether or not the Surrogate’s Court of Wayne County has jurisdiction over this probate proceeding, the Court decided on the question of whether or not the niece who filed the objection is an interested party who alone can filed objections to a probate proceeding.