In the Matter of Proving the Will of George W. Horton, Deceased. Alice M. Horton, Appellant; Jane A. Dickie, Respondent

Summary

The New York Court of Appeals reversed the Appellate Division and remanded for rehearing, holding that an out‑of‑state probate proceeding is a proceeding in rem that does not require service on all interested parties and that, when the foreign court had jurisdiction, its decree is binding on non‑residents under full faith and credit. The Court also held that the Ohio probate records and exemplified will were admissible evidence and that the Ohio probate will effectively revoked the earlier New York will of personal property.